The unfair terms prohibition in Article 5.52 of the new Civil Code and financial services in a B2B context: balancing fairness with legal certainty
Corporate Finance Lab
DECEMBER 5, 2022
Before that, the B2B and B2C legislation had already introduced a similar prohibition, but financial services had been (partially) exempted. of the new Civil Code, the B2B and the B2C regime. In reality, Article 5.52 [of the new Civil Code] constitutes a security net.” [iv]. This was deemed necessary under the B2C regime.
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