Personalization of the Law and Unfair Terms in Consumer Contracts

22 Pages Posted: 9 Oct 2019

Date Written: October 8, 2019

Abstract

Unfair terms law as an area of consumer contract law becomes more and more important and, within the European context, new forms of enforcement are discussed in order to augment the level of effectiveness of consumer protection. Personalization of the law could have a significant impact on the way in which the unfairness control of clauses may be exercised by Courts and Authorities and augment its efficiency. In fact, at least in the European context, default rules are the main basis used to assess whether a term is unfair. Therefore, the paper investigates if a ‘personalization of the law’ or the creation of ‘microdirectives’ could have an impact in the way in which problems related to standard form contracts and consumer protection are tackled.

Keywords: Contract Law, Unfair Terms, Standard Terms, Consumer Protection, Personalization of the Law

JEL Classification: K10, K12, K20

Suggested Citation

Patti, Francesco Paolo, Personalization of the Law and Unfair Terms in Consumer Contracts (October 8, 2019). Bocconi Legal Studies Research Paper No. 3466214, October 2019. Available at SSRN: https://ssrn.com/abstract=3466214

Francesco Paolo Patti (Contact Author)

Bocconi University - Department of Law ( email )

Via Roentgen, 1
Milan, 20136
Italy

Register to save articles to
your library

Register

Paper statistics

Downloads
34
Abstract Views
55
PlumX Metrics