To speak of an abusive clause, is to mention that type of contractual clauses, which are not negotiated, that is, it is imposed by one of the parties , they are unilateral.
To understand or identify abusive clauses we must take as an example that occasion in which we have found that a contract that we signed and came with a few sentences that perhaps we did not give the necessary relevance.
It is important to highlight that regarding this type of clause , its structure goes against the principle of good faith, because it can cause damage to the rights and obligations of the person who accepts it; It can be a consumer, a worker or one of those who is part of the contract.
This is the moment where we point out those clauses prohibited by law , which can be found in adhesion contracts, which means that they are not negotiated by the parties , such as credit cards or some service such as telephone service.
Although in some cases this type of clause can be found in the contract , the law considers them null and void, however, the nullity of the clause does not imply the nullity of the contract itself. We can say then that an abusive clause is one that is within a contract that can harm the person who accepts it, placing him in a situation of weakness in front of the consumer, worker or similar.
It is important to note that, depending on the country where this type of clause is applied, the consequence varies . As long as it is shown that one of the clauses of the contract is abusive, it will be the corresponding penalty or sanction.
In this sense, we must emphasize that abusive clauses do not have any type of validity and cannot be claimed or enforced in a contract.
Example of abusive clauses
- Cases in which the retention of certain amounts of money is raised in the event of default by the buyer, worker or counterpart, but it is not established in cases in which the contractor is the one who defaults.
- Cases in which you want to collect or demand payment of interest for arrears to the counterpart, but there is no guarantee for the buyer or worker.
- Placing or imposing accessory services not requested by the consumer or contractor.
- Force the consumer to resign from the court that corresponds to him by law.
- Impose disproportionate guarantees against the consumer.
- Force to sign declarations about fictitious facts or situations.
- In the case of housing, grant powers to the director of the work to change or modify the materials established and determined in principle without any notification.
- Impose a specific notary on the buyer at the time of making the purchase.
- Establish an indeterminate or very long delivery period in the housing contract.
- Directly and without exception oblige the contractor even though the contracted party does not comply.
- Allow the contractor to edit or modify the contract unilaterally.