Abstract
Cyberspace, the Final Frontier? Concluding and Performing Agreements. Unfair Terms in B2B Adhesion Contracts
Highlights
If a few years ago the virtual space was a “place” considered exotic for concluding contracts, it is a common practice
One of the risks is that of acceptance by the adherent of unfair terms imposed by the other contractual party
We will not discuss the unfair terms in consumer contracts, but those embedded in B2B contracts
Summary
If a few years ago the virtual space was a “place” considered exotic for concluding contracts, it is a common practice. The vast majority of contracts can be concluded online and most of them are adhesion contracts. Not all contracts that can be concluded and performed in the virtual space will be analyzed here, not even all of the adhesion contracts, but only one of the. Risks to which the parties in the adhesion contracts are exposed to will be singled out, namely that of accepting unfair terms or, in other words, abusive clauses[6]. In this endeavor, the meaning of ‘adhesion contract’ (1) and that of ‘unfair terms’ (2) will be first clarified. The need for protection of professional adherents will be explained (3) and European and national approaches to unfair terms between professionals (4) will be addressed, concluding that the current trend is to protect adherents, regardless of their quality, of consumers or professionals
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