Abstract:

This article, first examines the concepts of party autonomy and procedural agreement within the ambit of law of civil procedure. General terms covered in these contracts could have unreasonably negative impacts when they are contrary to the good faith requirement. The consequence of the use of general terms in consumer contracts in a way that causes question of law should be clarified. Under this circumstance, mentioned terms would be regarded as ineffective. Second, it delves into the concept of unfair terms within the context of the Council Directive 93/13/EEC of 5 April 1993 on Unfair Terms in Consumer Contracts. It is necessary to regulate in a general way the criteria for law for assessing the unfair character of general terms. The Unfair Terms in Consumer Contracts Directive is a minimal harmonization clause. It has also procedural controls on contracts. Finally, the article concludes with elaboration upon arbitration agreement, agreements resulting in disproportionate limitation of the offering and presenting evidence by consumer, and agreement to determine the burden of proof, which are indicative of unfair terms pursuant to the Annex of Regulation on Unfair Terms in Consumer Contracts. Venue agreement is also analyzed.

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