Law_-_Notes

May 5th, 2015
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The provisions not agreed individually shall be such provisions of the contract over which the consumer had no actual influence. It shall concern, in particular, the provisions of the contract taken over from the model form of contract offered to a consumer by a contracting party. The burden of evidence to prove that the provision has been agreed individually shall be borne by the party who claims so.

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Law - Notes 3. The provisions not agreed individually shall be such provisions of the contract over which the consumer had no actual influence. It shall concern, in particular, the provisions of the contract taken over from the model form of contract offered to a consumer by a contracting party. 4. The burden of evidence to prove that the provision has been agreed individually shall be borne by the party who claims so. Article 385(2). The conformity of a given provision with public decency shall be examined in reference to the state of affairs on the date of conclusion of a contract

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