Процена правичности одредаба тајм-шеринга
Assessment Of Unfair Terms In Timeshare Contract

Summary/Abstract: In this article, through the presentation of case law, which is primarily related to timeshare contract, author performed a legal analysis of the absolute and relative criteria that court takes into account in the overall fairness assessment of a contract term. A contract term shall be considered unfair as a result of violation of absolute criteria, i.e., if it causes: breach of the principle of good faith and significant imbalance in contractual obligations of the parties to the detriment of the consumer. The unfairness of a term shall be assessed taking into account relative criteria, such as: the nature of the goods or services to which the contract relates; the circumstances under which the contract has been concluded; other terms of the same consumer contract or of another related contract; the manner in which the contract was drafted and communicated to the consumer by the trader. Another important question that is raised in this article deals with the impact of the Directive 2005/29/EC on the evaluation of the fairness of contract clauses, when it comes to the duty to provide information, and when it comes to its impact on the courts in the interpretation and evaluation of the fairness of the contract clauses.

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