Control of unfair terms in consumer contracts in Israel: Law and practice
β Scribed by Sinai Deutch
- Publisher
- Springer
- Year
- 1990
- Tongue
- English
- Weight
- 1013 KB
- Volume
- 13
- Category
- Article
- ISSN
- 0168-7034
No coin nor oath required. For personal study only.
β¦ Synopsis
This paper explains the need for both administrative and judicial control of unfair terms in standard contracts. The 1982 Israel Standard Contracts Law involves both guided judicial review and administrative control by a Standard Contracts Tribunal. Presented here is an analysis of the enforcement of the law rather than a purely theoreΓΌcal approach. The Tribunal's involvement is much more effective than that of the courts as revealed by the remarkably small number of published court decisions. One can attribute the Tribunal's success to the close cooperation between the Ministry of Justice and the consumer organizations. The example of construction contracts was selected to illustrate the effective control of the Tribunal; however, weaknesses of the system are not disregarded and suggestions for amendments are proposed. A major conclusion reached is that administrative control is more effective than judiciat control. A second conclusion is that the future lies in invohmtary administrative control, a trend already in progress in the Israeli legal system.
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