Nullity demands of floor clause in contracts between freelancers or small entrepreneurs and financial institutions

Abstract

The exclusion of the protection against abusiveness clauses when there is a freelancer or small entrepreneur acting outside of his professional field and lacking his economic capacity, in addition to the strength in negotiation of the large enterprises facing the banks entities, would not have a legal justification. We can find it, for instance, when the freelancer or small entrepreneurs request a loan with mortgage guarantee in order to be able to practice their corporate activities and they sign a contract with abusiveness conditions. The regulation in our legal system do not forbid an extensive interpretation of the transparency control (consolidated as real comprehensibility of the contract's terms) to the contracting between entrepreneurs. There for, in the interest of the juridic security and the adherent protection, that is guaranteed by our legislation (the weakest part of the contract under general conditions), as well as the defense and balance of every goods and juridic interests concurrent in the sector of patrimonial juridic traffic, the abusiveness clauses should be eradicated in the contracting under general conditions. On balance, we defend the whole legitimacy of freelancers and small entrepreneurs, as adherents in contractual clauses predisposed by the financial institutions to require the judicial protection of their rights agains the financial sector's abuses.