Legal tip 42. On Consumers Act V. Clauses non individually negotiated.
Thursday, February 12, 2009 @ 12:50 PM
Article 80. Requirements of clauses non individually negotiated.
1. In those contracts with consumers and users where non individually negotiated clauses are included, including those contracts promoted by the Government or dependent companies, the following requisites will have to be observed:
a. Concretion, clarity and simplicity in the writing, with possibility of direct understanding, without forwarding to texts or documents that are not facilitated previously or simultaneously to the conclusion of the contract, with express reference of those texts in the contract document.
b. Accessibility and legibility so that the consumer will be able to fully know and understand in advance regarding existence and content of the contract.
(…)
c. Good faith and right balance of rights and obligations of the contractual parts, which in any case excludes the use of abusive clauses.
2. When individual actions are exercised, in case of doubt on the sense of a clause, the most favourable interpretation to the consumer will prevail.