Organizações Europeias - CEE - Comissão das Comunidades Euroepias
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RPDC, Dezembro de 2013, n.º 76
282
RPDC
Revista Portuguesa
de Direito do Consumo
ORGANIZAÇÕES EUROPEIAS - CEE - COMISSÃO DAS COMUNIDADES
EUROEPIAS
COMMISSION OF THE EUROPEAN COMMUNITIES
FURTHER DRAFT ARTICLES FOR DISCUSSION ON
UNFAIR TERMS OF CONTRACT
XI/124/87-EN orig.
June 1987
Article 1
The purpose of this directive is to approximate the Laws of the Member States relating
to unfair terms in contracts concluded with consumers.
Article 2
For the purposes of this directive:
- a contractual term is unfair if, of itself, or in combination with another term or terms
of the contract, it causes to the detriment of the consumer an imbalance in the parties
rights and obligations arising under the contract;
- the consumer means a natural person who, in transactions covered by this directive,
is acting for purposes which can be regarded as outside his trade, business or profession.
Article 3
(1) Unfair terms shall not be used in any contract concluded with a consumer in the
course of the trade, business or profession of the person carrying on the same.
(2) In paragraph (1) the expressions trade and business shall be taken to include
the activities of publicly-owned suppliers of such things as electricity, gas, water and
telecomunications, and relevant appliances sold, hired out or otherwise provided by
them.
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283
RPDC, Dezembro de 2013, n.º 76
RPDC
Revista Portuguesa
de Direito do Consumo
Article 4
This directive shall not apply to contracts relating to the creation, purchase or transfer
of proprietary or other rights in land.]
Article 5
Annex I contains lists of terms which in one or more Member States are void or
voidable, or which appear in schedules of unfair terms in texts produced by international
or national organisms or committees, and which are annexed hereto for the purpose of
illustrating the concept of unfairness.
Article 6
Annex 2 contains a list of terms which are prima facie unfair, and which shall
accordingly be treated as unfair unless it is shown that in the particular circumstances in
which the parties make their contract the use of those terms is reasonable.
Article 7
1. Member States shall ensure that in the interest of consumers, competitors and the
public generally, adequate and effective means exist for the control of unfair terms in
contracts concluded with consumers.
2. Such means shall include provisions of law whereunder persons or organisations
regarded under national law as having a legitimate interest in preventing the use of unfair
terms in contracts concluded with consumers may, in particular situations in which they
consider that unfair terms have been used in such contracts:
(a) take action via the courts; and/or
(b) bring those situations before an administrative authority competent to make a
decision or to initiate appropriate proceedings via the courts, for determination of the
question whether the terms used in the particular situation are void.
Article 8
1. Member States shall bring into force the measures necessary to comply with this
directive not later than 31 December 1992 and shall forthwith inform the Commission
thereof.
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