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English

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20.500.12657/44189

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The nullity of unfair terms

Abstract

presents the problem of a lack of knowledge of the legal nature of the phenomenon known as ‘unfair terms’, based on the existence of the great diversity of legal approaches and treatments given to this phenomenon at international level, with the main emphasis on the Colombian legal system, where different conceptions and consequences are found for the same phenomenon. In the light of that situation, the aim is to determine the legal nature of unfair terms, the elements and conditions under which that legal phenomenon is to be formed in order to determine the legal consequence to be applied to it, ensuring symmetry between the two, as well as a deeper understanding of the phenomenon which has become so important at international level in recent years due to the overcrowding and standardisation of contracts in the various economic and commercial sectors.

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