Crystal Clear? The Transparency Requirement in Unfair Terms Legislation
| Authors | |
|---|---|
| Publication date | 12-2023 |
| Journal | European Review of Contract Law |
| Volume | Issue number | 19 | 4 |
| Pages (from-to) | 281-299 |
| Number of pages | 20 |
| Organisations |
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| Abstract | In this paper, the transparency requirement, regulated in Article 5 UCTD, is discussed. This provision requires traders to draft terms that are to be incorporated into contracts with consumers in plain and intelligible language. The paper discusses the function of the transparency requirement, the different elements, and the consequences of a breach of the requirement: should the contra proferentem rule be applied, is the term lacking transparency unfair, or could it be argued that such term never was incorporated into the contract to begin with? And does it actually matter? |
| Document type | Article |
| Language | English |
| Published at | https://doi.org/10.1515/ercl-2023-2018 |
| Downloads |
Loos_Crystal clear_transparency_ERCL 2023
(Final published version)
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