Unfair Entrepreneurial Contract Conditions: Theory and Practice

This article examines the criteria for determining unfair terms of business contracts, analyzes both named and unnamed criteria for determining unfair terms in the law. It is concluded that the protection of entrepreneurs from unfair conditions stems from the need for legal regulation of the economy in terms of the overall balance of the rights and responsibilities of entrepreneurs and citizens, ensuring and maintaining social partnership and social responsibility of business. The judicial practice of considering disputes related to the determination of criteria for unfair contract terms is analyzed. It is shown that when using special methods of protection provided for by the rule on the agreement of adhesion, such as termination or amendment of the agreement, it is necessary to keep in mind the real effectiveness of the actions of the parties, which undoubtedly should be taken into account by entrepreneurs, as subjects of activities with increased risks.