Jiří Novotný
Author’s affiliation: Faculty of Law University of West Bohemia

Information as a defense against contractual asymmetry

Jurisprudence 2/2024 Section: Articles Page: 19-28

Keywords: DCFR, information, contract, contractual asymmetry, contract law, civil code.

Abstract: One of the fundamental objectives of the EU is to ensure that all consumers in the Union, regardless of where they live, travel or shop, can enjoy common high levels of protection against risks and threats to their security and economic interests, and to strengthen the ability of consumers protect their own interests. The common goal of the member states is subsequently realized in the form of legal standards for the protection of the consumer, who is considered the "weaker contracting party". However, the emphasis on the protection of the weaker contracting party is considered a risk by some authors, due to the possible transformation of the current principles of contract law (especially the principle of freedom of contract) into a new system of law, where the protection of the weaker contracting party will not be an exception only for certain cases, but fundamental ( new) level of contract law. In this context, the article points to a different approach in the creation of contractual rules between our legislator within the framework of the Civil Code and the authors of the Draft Common Frame of Reference. The aim of the presented article is to answer the question of whether and how it would be possible to prevent the creation of statutory exceptions for only one of the contracting parties.

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