La causa jurídica de las cláusulas abusivas

Abstract

Unfair terms are outside the field of abuse. There’s not a potential risk of damage, there’s not an injury caused. Unfair terms belong to the field of the principle of equivalency of the contract. And through it, that the criterion of regulatory imbalance of the contract takes on meaning. The correction of such unfair clauses does not depend on weak parts or abuse but rather the existence of a breach of equivalence: an absence of consideration in the contract.