Unfair Contract terms in the Contract law of the Republic of Macedonia

Zdraveva, Neda and Gavrilovic, Nenad and Tusevska, Borka (2012) Unfair Contract terms in the Contract law of the Republic of Macedonia. Civil law forum. ISSN 978-608-4697-04-6

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Abstract

The answer to the question what would constitute a contract term in the recent years, espe- cially with the introduction of the e-commerce, is changing. Traditionally a contract is understood as legal act that the parties have negotiated and agreed upon. The changes in the manners of trade of goods and services have brought a new light to this definition. Very often in the contemporary trade the parties (only) agree to what has been proposed and drafted by the other party. This provides for an opportunity such position to be misused to the detriment of the other party, which does not have the time or the knowledge to properly understand the meaning of specific contract clauses. The law is not and cannot be silent on this situation. Its role is to provide grounds for fair dealings and equal- ity of the parties. The legal mechanisms for the assessment of the fairness of specific contract terms exist for this purpose

Item Type: Article
Subjects: Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Borka Tusevska
Date Deposited: 29 Jan 2013 13:24
Last Modified: 29 Jan 2013 13:24
URI: http://eprints.ugd.edu.mk/id/eprint/5293

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