Crystal Clear? The Transparency Requirement in Unfair Terms Legislation

Open Access
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
  • Faculty of Law (FdR) - Centre for the Study of European Contract Law (CSECL)
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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