Consumer remedies for abusive clauses in non-financial instruments

Abstract

This paper analyses consumer remedies for abusive clauses in banking contracts of non-financial instruments. This protection refers, on the one hand, to some preventive controls, in particular regarding contract formation to avoid hardship and, on the other hand, to some remedies in contract execution. In accordance with the importance of abusive clauses in mortgage loans and consumer case law, which has extended these controls, we will finally examine some solutions to this matter for potentially abusive clauses.