НЕПРАВИЧНЕ УГОВОРНЕ ОДРЕДБЕ НА ПРИМЕРУ ЈЕДНОГ УГОВОРА
UNFAIR TERMS AND CONDITIONS IN A CONSUMER AGREEMENT
Author(s): Đorđe NikolićSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Нишу
Keywords: unfair contractual provision; consumer agreements; trader; consumer; simulated contract; leasing agreement; financial leasing; operative leasing
Summary/Abstract: In this article, the author first provides a brief overview of legal provisions governing unfair contractual terms and conditions in Serbian legislation. Then, the author points out to the disputable legal nature of the provided agreement, the ambiguous wording contained in its articles and other unfair provisions contained in this agreement which may be harmful for consumers. Namely, in contravention with the positive law, these unfair terms and conditions are frequently interpreted and subsequently allied at the detriment of consumers. Finally, starting from the assumption that the unfair provisions are quite frequent in consumer contracts whose content is predetermined by the traders, the author concludes that such contracts are still not subject to a serious and systematic control.
Journal: Зборник радова Правног факултета у Нишу
- Issue Year: LXIII/2012
- Issue No: 63
- Page Range: 95-109
- Page Count: 15
- Language: Serbian