Unfair Terms In Standard Contracts

A Comparative Legal Analysis Of Algerian, French, And Arab Legislations

Abstract

This article examines the legal mechanisms governing unfair terms within the Algerian, French, and selected Arab legal systems. Such terms typically emerge from the arbitrariness and imbalance exercised by professionals when contracting with consumers. Their impact is evident in the distortion of contractual equilibrium to the advantage of the professional, thereby infringing upon the consumer’s rights and legitimate interests. Although most frequently encountered in standard (adhesion) contracts, unfair terms may also appear in other contractual arrangements. The analysis underscores their prevalence in consumer contracts and the significant threat they pose to consumer protection and market fairness