262 / 469
NEWSLETTER 2011
248
been able to influence the substance of the term, particularly in the
context of a standard contract.
• The fact that certain aspects of a term, or one individual term,
have been negotiated shall not exclude the application of the same
provision to the rest of a contract if an overall assessment of the
contract indicates that it is nevertheless a standard contract.
• Where any seller or supplier claims that a standard term has been
individually negotiated, the burden of proof in this respect shall be
on him.
Furthermore, according to the provision, consumer contracts required
to be drawn up in writing under articles 6/A, 6/B, 6/C, 7, 9, 9/A, 10,
10/A and 11/A shall be drawn up at least in character size 12 and in bold
characters, and the lack of one or more necessary terms in the contract
shall not affect the validity of the contract. However, such lack shall be
forthwith removed by the seller or supplier.
The above stated articles are respectively concerned with installment
sales, time-share vacations, package tours, campaign sales, door-to-door
sales, distance contracts, consumer credits, credit cards and subscription
agreements.
Regulation on Unfair Terms in Consumer Contracts
Regulation on Unfair Terms in Consumer Contracts (“Regulation”)
had been prepared and entered into force by the Ministry of Industry
and Trade in order to designate the principles and guidelines for the
determination of unfair terms in contracts, which the consumer is a party
to and control of such terms for the protection of consumers.
According to article 6 of the Regulation which is entitled as
“evaluation of unfairness of contract terms”;
• Contract terms shall be written in plain and intelligible language.
• When evaluating the unfairness of the contract terms, nature of the
contract goods or services, the terms leading to the conclusion of
the contract and/or terms of related contracts shall be taken into
consideration.