LES CLAUSES ABUSIVES

Authors

  • PIERRE-GABRIEL JOBIN

Abstract

Since the reform of the Civil Code, the courts are entitled, under two new rules, either to reduce an abusive penalty or, in a contract of adhesion or a consumer contract, to strike down or reduce a clause found to be abusive. The author reviews the abundant case law and doctrine on the matter. He presents an analysis of the respective conditions of application of these rules and discusses certain criteria for determining if a clause is abusive. He challenges the connection which is made sometimes between the rules on abusive clauses and well known concepts such as lesion, imprevision and abuse of rights. The author reaches the conclusion that those new rules are independant in their nature and belong to judicial equity.

Keywords:

Contract Law

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Published

1996-09-01

Issue

Section

Legal Commentary