Reform of contract law - The formation of the contract (5/5)
The significant imbalance (article 1171). In a contract of adhesion, any clause which creates a significant imbalance between the rights and obligations of the parties to the contract is deemed unwritten. The assessment of the significant imbalance does not concern either the main object of the contract or the adequacy of the price to the service.
The novelty of this new abusive clause ultimately seems to be of limited scope:
it only plays for a membership contract, defined by article 1110 as one whose general conditions, withdrawn from negotiation, are determined in advance by (…)