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Unfair contract terms relating to late payment in commercial transactions: The Late Payment Directive and its transposition into Croatian law

This chapter examines the EU legal regime of unfair contract terms and practices relating to late payment in commercial transactions, which was introduced with the Late Payment Directive 2000/35/EC (LPD 2000) and is now covered by the Late Payment Directive 2011/7/EU (LPD 2011). The LPD 2011 is the first and, so far, the only EU legislative act that includes an explicit reference to the academic Draft Common Frame of Reference (DCFR). The reference to DCFR is made in recital 28 of the LPD 2011 concerning the notion of unfair contract terms and practices. This chapter argues that certain definitions and model rules of the DCFR must necessarily and primarily be taken into consideration when interpreting the provisions of the LPD 2011 in an autonomous manner. The chapter analyzes the concept of commercial transactions under the LPD 2011, examines its provisions on the unfair contract terms and practices in commercial transactions, and assesses the transposition of the LPD 2011 into Croatian law. The chapter argues that Croatia failed to meet the requirements of the LPD 2011 relating to the protection of creditors against unfair contract terms and practices in commercial transactions.

unfair contract terms ; late payment

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