Unfair Consumer Contract Terms Under Macedonian Law: How the Old and the New Function in Practice
- 214 Downloads
This article analyses the functioning in practice of the system of substantive regulation of unfair terms in consumer contracts, introduced into Macedonian law as part of the harmonization obligations of the EU accession process. Specifically, the article seeks to establish the possible reasons for the absence of substantial evidence of application of the rules on unfair contract terms in consumer contracts in Macedonian practice. In providing an explanation, the focus is on the transposition of the consumer acquis and the Unfair Contract Terms Directive into national law, the enforcement structure for consumer law, and the relationship with the pre-existing civil law. In sum, the inconsistencies and incompleteness of the transposition, the weak and complex enforcement structure, as well as the unsettled relationship with the already existing civil law rules on similar topics have all contributed to weaken the practical significance of the special law on unfair contract terms.
KeywordsGeneral contract law Nullity Special consumer regime Unfair terms
The author wishes to thank Yane Svetiev for his useful comments on an earlier version of this article and also for the help in the English editing of the text.
- Дабовиќ-Анастасовска, Ј., Лончар-Велкова, М., & Гавриловиќ, Н. (2010). Заштита на потрошувачите во договорните односи во правото на Република Македонија [Protection of consumers in contractual relations in Macedonian law]. Зборник на Правниот факултет „Јустинијан Први“ во чест на Владимир Митков, 351–374.Google Scholar
- Hondius, E. (1995). The reception of the directive on unfair terms in consumer contracts by member states. European Review of Private Law, 3, 241–255.Google Scholar
- Hondius, E. (2004). The protection of the weak party in a harmonised European contract law: A synthesis. Journal of Consumer Policy, 27, 245–251.Google Scholar
- Loncar-Velkova, M. et al. (2012). “Consumer friendly” energy bills. Available from: http://www.balkancsd.net/images/Policy_Paper_COM_Energy_Bills.pdf. Accessed 20 February 2013.
- Micklitz, H.-W. (2010). Reforming European unfair terms legislation in consumer contracts. European Review of Contract Law, 4, 347–383.Google Scholar
- Schulte-Nölke, H., Twigg-Flesner, C., & Ebers, M. (Eds.). (2008). EC consumer law compendium: the consumer acquis and its transposition in the member states. Munich: Sellier.Google Scholar