Abstract

BLANCO GARCIA, Ana Isabel. Need for ex officio control of unfair terms in consumer contracts: comparative view of the Spanish system. Rev. Fac. Der. [online]. 2016, n.41, pp.35-60. ISSN 0797-8316.  https://doi.org/10.22187/rfd201623.

European authorities advocate for providing judges greater power to examine ex officio the abusive nature of the standard contract terms within a consumer contract.  This line of reasoning in case-law has been introduced in Spain, thus improving the protection of consumers’ rights and interests. However, countries like Uruguay do not consider this possibility, preventing judges from controlling contents unless it is requested by the parties, since the annulment of a contract would be questioned due to the legal nature of nullity. In this paper, the different regulations of unfair contract terms in the Spanish and Uruguayan systems are discussed.

Keywords : unfair contract terms; standard-form contracts; ex officio control; nullity of clauses.

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