| Abstract [eng] |
Problems of the effectiveness of control of unfair terms in the contracts with consumers in Lithuania has not been examined in detail yet. The case law is poor, contradictory or even false, while it is very important to protect the consumers as the weaker party of the contract from the unfair terms. In order to identify the problems of the effective control of the unfair terms a comprehensive analysis of the legal regulation, case law of the State Consumer Rights Protection Authority (hereinafter – SCRPA) and courts, as well as the terms of the contracts with consumers that are used in the market, is performed. It is also sought to determine the cumulative impact of these problems on the effectiveness of the unfair terms in the contracts with consumers and the possible ways of dealing with it, as well as to answer the question, whether the control of unfair terms is effective. It is revealed that the procedure of the monitoring of the unfair terms and the approval of the standard terms of the contracts with consumers are ineffective, the legal power of the resolutions of the SCRPA does not create a proper consumers’ protection effect. Moreover, the courts incorrectly interpret the concept of the consumers’ public interest and does not act actively when the public interest requires. Due to these reasons the control of unfair terms in the contracts with consumers is insufficiently effective. |
