This chapter discusses the background to the introduction of the UCTD. It includes an examination of the rationales for the introduction of the UCTD, including the internal market rationale, and the consumer protection rationale. The chapter explores the difficulties that were encountered in reconciling the different approaches to standard terms control and how the inevitable compromise that was reached in the final version of the UCTD has been reflected in its scope. This chapter also discusses the minimum harmonization character of the UCTD, and the problems associated with divergent national approaches to standard terms control.
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Front Matter
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Part I: Standard form contracts and 'unfairness' under the UCTD
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Part II: The UCTD and transparency in online contracts
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Part III: Enforcement under the UCTD and suggestions for a revised EU-level approach
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Back Matter
