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Unfair terms in European Union

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In European Union, abusive clauses are clauses in consumer contracts that are considered void, unwritten as non-balanced for the consumer.

Since Directive 93/13 of the Council of 5 April 1993, this type of clause is framed at European level.

These clauses should be included in contracts of adhesion (Directive 93/13/EEC, art. 3) between a professional, that is to say “any natural or legal person who […] is under his professional activity, whether public or private” (Directive 93/13/EEC, art. 2) and a consumer, that is to say “any natural person who, […] is to purposes that do not fall within the scope of their professional activities” (Directive 93/13/EEC, art. 2) and “create the detriment of consumers, a significant imbalance between the rights and obligations of the parties under the contract” (Directive 93 / 13/CEE, art. 3).

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