What is an abusive clause?

An abusive clause (also known as an unfair clause) is a provision or term included in a contract or agreement that causes a significant imbalance between the rights and obligations of the parties involved to the detriment of one of them. These clauses are contrary to good faith and may be detrimental to the consumer or weaker party in the contractual relationship.

If an abusive clause is declared, it can be considered null and void.

The regulation and control of unfair terms is stricter and more effective in the field of consumer and user protection, since it is about protecting the most vulnerable groups against contractual abuses.

However, it is also contemplated in contracts between businessmen or professionals, or between individuals who do not act as consumers, and this is dictated by laws such as the Civil Code and the Commercial Code, establishing that any conditions that are void are void. contrary to the law, morality or public order, or agreements that are contrary to commercial laws or good commercial customs.

Related concepts

• Contract
• Good faith
• Nullity
• Consumer
• What does the expression «not be contrary to the law, morality or public order» mean?