Silpnesnės šalies apsaugos principo įgyvendinimas kontroliuojant nesąžiningas vartojimo sutarčių sąlygas.
The article analyses whether the principle of the protec tion of the weaker contractual party is realized during the control of unfair contract terms having in mind the Council Directive //EEC of April on Unfair Terms in Consumer Contracts. This problem is examining through the analysis of the definition of the consumer as the weaker party and the implementation of fairness principle (principle of goodfaith). The law aiming to protect the weaker party has chosen such method of regulation which helped to describe some groups of weaker persons and to define some indicators of the "weakness". These features of the weaker party determine also the application of special legal regime. These indicators of the , "weakness" are abstract, prescribed in conformity in advance presumable situation of weakness. The conception of good faith principle developed in the court practice depends on the principle of party autonomy. It all goes to raise the question , whether the regulation of unfair terms ensures the realization of the principle of the protection of the weaker party. Whether it is from the unfair terms protected the person who need such protection? Whether the courts realize the real justice or it is realized only the provisions of formal law? Whether formal law regulate, describes rules which allow for the courts to implement justice?.
- Straipsniai / Articles