Unfair Contract Terms and Consumers: Historical and Comparative Parallels of Asymmetrical Sanctions
2023.03.07.
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This article builds on this comparison and applies it to yet another EU directive which follows even more closely the idea to interfere with the binding nature of contractual terms. Recent CJEU case law pertaining to the sanction contained in Article 6(1) of Directive 93/13/EEC, its incorporation into national laws, and the perspectives of various legal doctrines, particularly in Polish law, spur us to investigate the nature of the sanction for unfair contract terms and its relevance for the contemporary discussion on the typology of nullity.
