Problems of contract terms control in Czech Republic

0558784 - ÚSP 2023 eng A3 - Přednáška/prezentace nepublikovaná
Simon, Rita
Problems of contract terms control in Czech Republic.
[Unfair Terms in Banking and Financial Contracts. Vienna, 14.10.2021-15.10.2021]
Způsob prezentace: Přednáška
Pořadatel akce: University of Vienna
Institucionální podpora: RVO:68378122
Klíčová slova: unfair contrac termsy * Directive 1993/13/EC * financial services * Czech republic * good morals * transparency

Unfair term control did not gain sufficient importance in Czech Republic: while unfairness was seldom assessed by courts, more traditional and stronger legal principles, such as good morals seems to be the main ruling principle in Czech financial contracts. The violation of this principle creates a higher level of legal non-conformity, that providing unfair terms in the contract; and its application is much easier. Not only indeterminated terms can be eliminated with help of the good morals, but also excessive high interest rates at micro-lending. Reasons for the “sleeping beauty of unfair terms control” not being woken by the Czech courts are the over-dimensioning of traditional law principles, such as procedural autonomy, which obviously wins over ex-officio control mechanisms and the autonomy of will, which became the main fundamental principles of the Czech Republic after the Velvet Revolution.
Trvalý link: http://hdl.handle.net/11104/0332360