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§ 1801 OZ, or - does anyone even need adhesion contracts?

Publication at Faculty of Law |
2019

Abstract

The article discusses the risks, and thus the practical consequences of misinterpretation of § 1801 CC in conjunction with § 1798 CC, which can and will (especially - but not only) in the lay public lead to inadequate modification of law, and to limit the protection of the weaker party, or adherent in contractual relations. The idea of the article was born when the author saw several contractual texts, where the provision of § 1798 CC was explicitly excluded by the stronger party, although this is from the author's point of view pointless and legally impossible.