Nesąžiningos sutarčių sąlygos

This chapter deals with regulation of unfair contract terms under the EU and Member State's legislation. The largest part of the text is devoted to the analysis of the Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts and its implementation in the Member States, the related jurisprudence of the European Court of Justice as well as Directive's impact to the laws of Lithuania, paying particular attention to the Civil Code and the Law on Protection of Consumer Rights. This chapter is divided into several parts emphasizing the interpretation and application of the terms used in the Directive, most importantly the definition of the unfair contract term, the catalogue of the unfair contract terms that is provided in the appendix to the Directive and it's diverse implementation in the Member States. The areas that are exempted from the scope of the Directive such as the contractual terms that where individually negotiated, the contractual terms which reflect mandatory statutory or regulatory provisions and the provisions or principles of international conventions to which the Member States or the Community are party, are examined either. It is emphasized that the fairness of the contractual term would not be scrutinized and the requirement that the contractual term is fair would not apply to the definition of the main subject matter of the contract nor to the adequacy of the price and remuneration, however in so far as these terms are expressed in plain intelligible language. Throughout the text the jurisprudence of the European Court of Justice is being analyzed. The last part of the chapter is devoted to the related jurisprudence of the Supreme Court of Lithuania.