Unfair Terms of Adhesion Contracts

The purpose of the current study is analysis of regulation on unfair contract terms in Russia. It can draw conclusions that will help future scholars to investigate the issue of adhesion contracts. In spite of significant relevance for legal practitioners issue of unfair terms is barely covered in Russian legal science. Some scientists examined adhesion contracts concluded between an entrepreneur and a consumer. However, little attention was paid to adhesion contracts concluded between entrepreneurs. The author of the present study intends to examine the matter both in Russian legislation, Russian doctrine and probably the most relevant source, foreign doctrine. The present study aims at finding inferences that can be applied both in legal doctrine and legal practice. The work consists of an introduction, 4 chapters and conclusion. The first chapter is devoted to the notion of the adhesion contract and unfair contract terms. Second chapter examines the way courts control unfair terms. The chapter is divided into two paragraphs. First paragraph is devoted to the analysis of Russian practice and second paragraph is devoted to analysis of foreign legislation. Third chapter examines the consequences of inclusion the unfair terms into the contract. And the last chapter aimed at analysis of the administrative control of the unfair terms. According to the results of the study, the following conclusions are drawn: there are two systems of control in Russia; some inferences from foreign doctrine and practice can be implemented in Russian courts practice; nowadays Russian legislation provides for the sufficient number of consequences of inclusion unfair contract terms in the contract; the system of administrative control for consumer is an effective tool for their protection.