Unfair Terms in EU Consumer Contract Law - The Criteria of Good Faith and Significant Imbalance in The Context of Agreements Between Consumers and Providers of Financial Services

Abstract: This thesis describes and analyze the implementation of Council Directive No. 93/13/EEC of 5 April 1993 of unfair contract term between consumer and financial services providers. The Directives regulated standard form contract or pre-formulated term between consumer and seller or supplier. The thesis discusses the background of the Directive, the scope of the Directive, the consequences of unfair contract term to the contract, transparency requirement and the requirement of good faith and significant imbalance. According to the Directive, assessment of unfairness in the term of contract shall not relate to main subject matter of the contract and to the adequacy of the price and remuneration against the services or goods supplies in exchange. However, the terms are subject to unfairness test if there is lack of transparency requirement in contract. To further study about the implementation and the interpretation of the Directive, the thesis will analyze the case between consumer and financial services provider referred to ECJ from 2021-2023.