ODREĐIVANjE POJMA NEPRAVIČNE UGOVORNE ODREDBE

Abstract

Equity requires that in mutually binding contracts, the equal value of mutual benefits be established. However, the more economically or informationally dominant contracting party, as a rule, tries to impose provisions on the other party that provide it with a more favorable position in the contract. Observed in relation to the obligations prescribed by supplementary dispositive norms, such provisions of the superior contracting party tend to ease its obligations or to make the position of the other contracting party more difficult. Also, these two possibilities can be used in parallel, i.e. one provision can be used to ease one's own obligations, and the other to strengthen the obligations of the co-contractor. These provisions can be very different in their content. In fact, the modalities of unfair contract terms are limited only by the limits of inventiveness of those who compose them and who are able to impose them on the other contracting party. The key consequence of the contracting of such terms is the disruption of the contractual balance, in the sense of the violation of the equivalence of the mutual performance of the contracting parties.