Abstract

ZAPATA FLOREZ, Jonathan et al. Implications of statutory law of 2015 on 1751 health promotion entities contributory scheme. rev.ces derecho [online]. 2016, vol.7, n.2, pp.45-54. ISSN 2145-7719.

The contracts of adhesion involve an asymmetric position between the parties. The dominant party, which has the faculty to set the structure and content of the contract, has the possibility of including favorable clauses for himself but detrimental for the other. This article intends both, to identify the sanctions that our legal system establishes against unfair terms in contracts of adhesion and to study the cases of judicial review of these clauses when there is no specific law that establishes expressed sanctions. The writing begins by defining the unfair terms, their main characteristics and some typologies. Then, it describes the legal control developed in specific laws that rule the subject; finally, the writing focuses on the study of the judicial review of unfair terms when these have no expressed sanctions in Colombian legal system, to end by defining the criteria to value the abuse of a dominant position.

Keywords : unfair terms; contemporary contracting; contracts of adhesion; jurisdictional control; judgment of abuse.

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