Clauses abusives et règles de répartition des frais de justice

Sophie Bienenstock and Maxime Charreire

Revue économique, 2020, vol. 71, issue 3, 503-525

Abstract: Unfair terms have been prohibited by French law in consumer contracts since 1978 and in all standard form contracts since 2016. In both cases, the sanction consists in considering the clause unenforceable. This sanction does not deter the drafter from inserting unfair terms in the contract. We are interested in an alternative sanction, according to which the drafter bears all litigation costs. We build on a standard Cournot model of competition in quantities, in which we add unfair terms as well as the parties? expenses in litigation costs. We show that the English rule helps to deter the drafter of the contract from inserting unfair terms.

Keywords: economic analysis of contracts; standard form contracts; abusive terms; economic analysis of litigation (search for similar items in EconPapers)
Date: 2020
References: Add references at CitEc
Citations:

Downloads: (external link)
http://www.cairn.info/load_pdf.php?ID_ARTICLE=RECO_713_0503 (application/pdf)
http://www.cairn.info/revue-economique-2020-3-page-503.htm (text/html)
free

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:cai:recosp:reco_713_0503

Access Statistics for this article

More articles in Revue économique from Presses de Sciences-Po
Bibliographic data for series maintained by Jean-Baptiste de Vathaire ().