In the article the importance of the protective mechanisms against unfair contractual terms is being noted, criteria of the imposed burdensome contractual terms are defined, both set forth in the legislation and suggested in the legal doctrine. The author remarks that the institute of the protective mechanisms against unfair contractual terms is based on the various estimative categories, that is why the main attention in the article is drawn to their interpretation in the case law related to the contracts executed within the entrepreneurial activities. The author shows critical view on certain court decisions. The conclusion is made on unacceptability of the paternalistic position of the court towards the parties of b2b contracts regarding considering contractual terms as unfair.
|
