Неравноправните клаузи и злоупотребата с право
UNFAIR TERMS AND THE ABUSE OF RIGHTS

Author(s): Jordan Pangev
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Издателство „Сиби“
Keywords: unfair terms; abuse of right; contractual freedom
Summary/Abstract: The predominant part of the Bulgarian and European legal literature assumes that unfair terms in contracts represent an abuse of rights by the person offering the contractual content. The present study will try to establish whether the unfair terms in the contracts really constitute an abuse of rights or; although they have common ground; are different phenomena. There are various theories about the abuse of rights itself; regarding the main characteristics of this institution. In this regard; the objective and subjective theories of abuse of rights will be considered; in respect of the possibility of unfair terms to fit into the constituent elements of these theories.

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