Author(s) Ana Luísa Gonçalves Novais
Advisor(s) Nuno Manuel Pinto Oliveira
Year 2016
Synopsis This thesis argues for the establishment of a new legal system with regard to contracts of adhesion. Contracts of adhesion are currently the most common form of contracting. However, because they are drafted by economic organizations and imposed on the consumer without any kind of judicial control, these contracts contain tremendously unfair clauses. Finding a new format for this type of contract is urgent. First, they should not be entirely considered in the scope of private law, which regulates relations between individuals. Economic organizations should not,in any way, be treated as individuals. Second, because consumers are, at the outset, in a handicap ratio, their protection matters greatly. It is, therefore, important to establish a suitable framework for the protection of consumers’ interests against the authoritarianism of the economic organizations.
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Author(s) Ana Luísa Gonçalves Novais
Advisor(s) Nuno Manuel Pinto Oliveira
Year 2016
Synopsis This thesis argues for the establishment of a new legal system with regard to contracts of adhesion. Contracts of adhesion are currently the most common form of contracting. However, because they are drafted by economic organizations and imposed on the consumer without any kind of judicial control, these contracts contain tremendously unfair clauses. Finding a new format for this type of contract is urgent. First, they should not be entirely considered in the scope of private law, which regulates relations between individuals. Economic organizations should not,in any way, be treated as individuals. Second, because consumers are, at the outset, in a handicap ratio, their protection matters greatly. It is, therefore, important to establish a suitable framework for the protection of consumers’ interests against the authoritarianism of the economic organizations.
See more here.