Advertisement

Control of Price Related Terms in Standard Form Contracts

  • Yeşim M. Atamer
  • Pascal Pichonnaz
Book

Part of the Ius Comparatum - Global Studies in Comparative Law book series (GSCL, volume 36)

Table of contents

  1. Front Matter
    Pages i-xxxi
  2. General Report

    1. Front Matter
      Pages 1-1
  3. Supranational Report: European Union

  4. National Reports

    1. Front Matter
      Pages 103-103
    2. Marko Baretić, Siniša Petrović
      Pages 315-338
    3. Matthias Fervers, Beate Gsell
      Pages 405-427
    4. Adriana Almăşan, Lucian Bercea
      Pages 507-530
    5. Jacques du Plessis, Wiaan Visser
      Pages 605-630

About this book

Introduction

This book explores various approaches around the world regarding price term control, and particularly discusses the effectiveness of two major paths: ex ante regulatory and ex post judicial intervention. Price control and its limits are issues that affect all liberal market economies, as well as more regulated markets.

For the past several years, courts in many different countries have been confronted with the issue of whether, and to what extent, they should intervene regarding price-related terms in standard form contracts – especially in the area of consumer contracts. Open price clauses, flat remunerations, price adjustment clauses, clauses giving the seller/supplier the right to ask for additional payments, bundling or partitioning practices, etc.: a variety of price-related terms are used to manipulate customers’ choices, often also by exploiting their behavioral biases. The result is an unfavorable contract that is later challenged in court. However, invalidating a given price term in standard forms e.g. of a banking or utilities contract only has an inter partes effect, which means that in thousands if not millions of similar contracts, the same clauses continue to be used. Effective procedural rules are often lacking. Therefore, pricing patterns that serve to hide rather than to reveal the real cost of goods and services require special attention on the part of regulators.

Thanks to its broad comparative analysis, this book offers a thorough overview of the methods employed in several countries. It gathers twenty-eight contributions from national rapporteurs and one supra-national rapporteur (EU) to the 2018 IACL Congress held in Fukuoka. These are supplemented by a general report presented at the same IACL Congress, which includes a comparative analysis of the national and supranational reports. The national contributors hail from around the globe, including Africa (1), Asia (5), Europe (17), the European Union (1) and the Americas (5).

Keywords

Control of standard contract terms/standard form contracts Freedom of contract and its limits Price regulation Judicial price control Ancillary pricing Price bundling Behavioral pricing Unfair terms Price transparency Unfair charges/fees

Editors and affiliations

  • Yeşim M. Atamer
    • 1
  • Pascal Pichonnaz
    • 2
  1. 1.Faculty of Law, University of Bern, Bern, Switzerland; Faculty of LawIstanbul Bilgi UniversityIstanbulTurkey
  2. 2.Faculty of LawUniversity of FribourgFribourgSwitzerland

Bibliographic information

Industry Sectors
Finance, Business & Banking
Law