Contract Conditions that Violate the Parties’ Equity

Abstract

Aim. The article demonstrates different approaches of law enforcement practice and the legislator to the definition of contract terms that violate the balance of the parties’ property interests, depending on the scope of the contractual relations. It shows the lack of a uniform approach in the terminology and definition of such terms.

Methodology. The study used the formal-legal method, the method of comparative legal analysis, and systematization. The use of the formal-legal method made it possible to identify contract terms that violate the property balance of the parties. The use of the method of comparative legal analysis and systematization allowed us to identify problems in the application of civil legislation in this area.

Results. The law enforcement officer summarized the grounds for considering the terms of the contract, assessing the level of possible compliance with the balance of the parties’ property interests. It is worth noting that in order to recognize a condition as unfair in a contractual relationship with a consumer, it is important to consider the actions taken before the contract is concluded, namely, before the establishment of civil rights and obligations, which must be conducted in good faith. It is noted that a consumer’s weak position in a contractual relationship may not only be that of an individual consumer, but also that of a consumer who is a legal entity (an individual entrepreneur) in public contracts.

Research implication. The proposals and conclusions contained in this article can serve as a basis for further research on the conditions of a contract that violate the balance of the parties’ property interests, depending on the scope of the contractual relationship.