French Consumer Law
Auteurs : Louis Vogel, Joseph Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Advertising and sales promotion
Title 1: Conditions of validity
Chapter 1: Compatibility with Union law
Chapter 2: Scope of application of review
Section 1: Clauses relating to conclusion of contract
Section 2: Clauses relating to scope of contract
Section 3: Clauses relating to performance of contract
Section 4: Clauses relating to end of contract
II: Arbitration and prior mediation clauses
III: Jurisdiction clause
IV: Methods of proof
Chapter 4: Sanction of unfair terms
Title 3: Distance and off-premises contracts
Title 4: Other sales techniques
Part 3: After Sale
432. Waiver of recourse to a judicial remedy
1 minute de lecture
Article R. 212-2, 10° (former Article R. 132-2, 10°) of the Consumer Code presumes as unfair clauses whose purpose or effect is to “remove or impede the exercise of legal actions or remedies by the consumer […]”. Therefore, according to the Commission on Unfair Terms, the clause in a consumer contract which expresses in advance the consumer's waiver of legal action is imbalanced . The court has th …