engleski

Incorporation and validity of not individually negotiated terms in Croatian contract law

Today, every person engaged in the business is aware of the benefit and importance of the use of general conditions and standard forms. They certainly contribute to the rationalisation of transactions of contracting parties by diminishing the costs of negotiation of the terms of each contract individually and make it easier for the party having general conditions to forecast the cost of doing business. In general, standard forms and general terms raise two different questions: first, as the general conditions are outside the context of the contract, it is necessary to incorporate them into a contract ; and second, the validity. Today the legal systems became more sensitive to the problem of inequality of the negotiating power of the parties, particularly with respect to the inclusion in contract unfair terms not individually negotiated, which implies, both for the general conditions and standard forms the judicial (and administrative) control of such clauses. The rigidity of criteria applying to the question of incorporation and validity depends on the type of the transaction in question (international/non border-crossing ; commercial/non-commercial). The inquiry of the problem focuses on the treatment of the clauses not individually negotiated between parties in the reformed Croatian contract law and legal practice in the light of the solutions set out in the Principles of European Contract Law, UNIDROIT Principles of International Commercial Contracts and Council Directive 93/13 on unfair terms in consumer contracts.

Croatia; contract law; general terms; unfair terms; UNIDROIT Principles of International Commercial Contracts

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