Investigating Strategies for Dealing with Abusive Terms and Reducing Abuse of Terms in Consumer Rights

Document Type : Original Article

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Abstract

Abusive conditions are the use of the text of the law and the imposition of the conditions required by the person in power in the contract by abusing his economic, social and professional status to the other party, in order to gain his own interests and harm others. Given the importance of expanding legal knowledge in the field of provisions governing abusive terms in consumer rights, this study intends to use a descriptive-analytical method to examine the nature of abusive terms of consumer rights in Iranian and EU legal systems and strategies to combat abuse. To demand and reduce the abuse of terms in consumer rights. The results of this study indicate that the imbalance related to the conditions contained in the contracts will create conditions for abuse and impose it on the consumer and, in turn, will make the provider party unnecessary to accept its normal and reasonable responsibilities. Therefore, suppliers of goods and services, in order to determine the conditions, must consider the conditions that determine the level of their responsibilities and duties; Provided that the purpose or effect is that only the supplier unilaterally has the right to change the product or service in question is, both theoretically and practically, a disregard for consumer rights and is abusive. In EU member states, there are anti-competitive and restrictive practices and market transparency that are used as a kind of guarantee of proper implementation to respect consumer rights.

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