El control de las cláusulas abusivas como instrumento de intervención judicial en el contrato

Translated title of the contribution: The review of unfair terms as an instrument of judicial intervention in the contract

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Abstract

Based on a recent case study, this article analyzes the powers of the judge in relation to the control of unfair terms in contracts of adhesion. It argues that, although the law only authorizes the judge to invalidate one or more such provisions, courts have also reviewed their contents in case of relevant imbalance in their considerations, in order to adapt the contract and restore balance. This demonstrates the inadequacy of the powers that the law gives courts for the effective control of unfair terms.

Translated title of the contributionThe review of unfair terms as an instrument of judicial intervention in the contract
Original languageSpanish
Pages (from-to)9-27
Number of pages19
JournalRevista de Derecho
Volume26
Issue number1
DOIs
StatePublished - 17 Sep 2013

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