THE DOCTRINE OF PROTECTION OF THE WEAK PARTY IN CONTRACT LAW

Anna V. Kuzmina¹*, Andrey F. Baculin², Anastasiya V. Kamaeva³,
Nikolai N. Smirnov⁴, & Zarina K. Kondratenko⁵

¹ As.Prof., Cand., Mari State University, Russia, tsyplenkova@mail.ru
² As.Prof., Mari State University, Russia, baculin.af@marsu.ru
³ As.Prof., Cand., Mari State University, Russia, nkamaeva@mail.ru
⁴ As.Prof., Cand., Mari State University, Russia, nick_smirnov@rambler.ru
⁵ As.Prof., Cand, Mari State University, Russia, mati07@rambler.ru
*Corresponding author

Abstract
During recent years, one could observe intensification of processes aimed at unification and harmonization of laws in many European countries, including processes designed to reform the system of contract law.  For example, significant changes were made to the contract provisions of civil codes of Russia (2015) and France (2016).  Those contract law reforms are aimed at, among other things, developing more effective mechanisms of protecting weaker contractual parties from being subjected to unfair contract provisions.

With the goal of continued development and improvement of the doctrine of adhesion contracts in Russian civil law, as well as unification and harmonization of Russian contract law with the laws of European countries, this article uses comparative analysis to identify modern trends in the development of laws designed to protect a weaker contractual party in European contact law and to compare the approaches developed in the reformed Russian contract laws and modern contract laws of certain European countries.

Keywords: contract of adhesion, inequality of bargaining power, good faith, unfair contract terms, reform of French law of obligations.