Abusive Clauses in Contracts between Entrepreneurs
Publication date: October 15, 2025
A characteristic of consumer transactions is the inequality of parties. Generally, the entrepreneur has a stronger position than the consumer. Practice and experience show that the entrepreneur will dictate the terms of the contract, including price, warranty terms, delivery time and location, and payment method. This places the entrepreneur in a stronger position vis-à-vis the consumer, who is often forced to comply. This can pose a threat when the entrepreneur exploits their dominant position to impose unfair terms on the consumer, to which the consumer will be forced to adapt.
