Control of Price Related Terms in Standard Form Contracts in Belgium

Abstract

The main objective of this national report is to offer an insight into the way that control of price related terms in standard form contracts takes place in Belgium. It will be shown that prices are in principle determined by the market mechanism. The principles of freedom of contract and the autonomy of the will imply that parties can also agree freely on price related terms (in standard form contracts). However, consumer legislation and sector-specific rules have a substantial impact on the parties’ freedom. Most far-reaching are rules determining the maximum price that can be charged and the limitations of the possibility to insert price alteration clauses in (consumer) contracts. Both aim at protecting the weaker party.