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Belikova K.M. Protection of the Rights and Interests of the Acceding Party in Adhesion Agreements (In Particular by the Legal Acts on Consumers Protection) in the BRICS Countries

Belikova Kseniya Mikhaylovna

Doctor of Juridical Sciences, Associate Professor, Professor of Department of Civil and Labour Law, Peoples’ Friendship University of Russia

This email address is being protected from spambots. You need JavaScript enabled to view it. Miklukho-Maklaya St., 6, 117198 Moscow, Russian Federation

 

Abstract. The author of the present article studies the adhesion agreement with the participation of BRICS countries consumers. The article shows that in countries adhering to the continental law system on the matter of interpreting the standard provisions of adhesion agreements at the legislative level, there is need to take into account the interests of the party that was not interested in standard conditions (eg., China), or to interpret contradictory or ambiguous conditions in the most favorable manner for acceding party (eg., Brazil). At this, the author proves that due to the initial inequality of the parties involved in the adhesion agreement (with the common, standard conditions), the legislation of all studied countries provides for the protection of the rights of a weaker (acceding) party which is deprived of the right to participate in the negotiation of agreement provisions (for example, in agreements of insurance, lending or communal services).

Key words: adhesion agreements, protection of consumers, BRICs countries, common terms of agreement, agreements on energy supply, liability of supplier, obligation, monopolistic organizations.

 

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