Abstract
The question whether or not a price-related term can be subject to a fairness test is highly debated in Germany. The judiciary differentiates between principal and ancillary price terms;only ancillary price terms shall be subject to a fairness test. However, the results of this approach are at least partly unconvincing. A preferable approach is presented by parts of the academic literature: the decisive measure is whether a free-market competition can be established with regard to the respective clause. Only if this is the case a fairness test is not justified since there is no reason for a judicial control of a decision based on freedom of contract.
Item Type: | Journal article |
---|---|
Faculties: | Law |
Subjects: | 300 Social sciences > 340 Law |
ISSN: | 2214-6881 |
Language: | English |
Item ID: | 84669 |
Date Deposited: | 25. Jan 2022, 09:11 |
Last Modified: | 25. Jan 2022, 09:11 |