kohtuuttomat

Kohtuuttomat is a Finnish term used to describe terms, practices, or demands in contracts that are considered grossly unfair or excessive toward one party, typically the consumer or a weaker negotiator. The concept is commonly used in consumer protection and contract law to refer to provisions that create a significant imbalance in rights and obligations and undermine the principle of good faith.

In Finland, the notion aligns with prohibitions on unfair contract terms under the Consumer Protection Act and the implementation of EU directive 93/13/EEC on unfair terms in consumer contracts. The law allows authorities and courts to assess whether a term is kohtuuttomat, potentially rendering it invalid, revising it, or declining to enforce it. The term appears in legal discussion, court decisions, and consumer-rights advocacy as a criterion for fairness in contracts.

Assessments of kohtuuttomat terms consider factors such as the relative bargaining power of the parties, the purpose and effect of the term, and whether it causes a significant disadvantage to the consumer. When a term is judged kohtuuttomat, it may be removed or modified while the remainder of the contract can remain valid, or, in some cases, the contract as a whole may be questioned.

Examples of kohtuuttomat terms include disproportionate penalty clauses for breach, unilateral price increases without proper notice, or waivers of statutory rights that exceed what is reasonable in the circumstances. Not all one-sided terms are classified as kohtuuttomat; the concept emphasizes proportionality and fairness in contractual relationships.

See also kohtuuttomat ehdot, kohtuullisuus, Finnish Consumer Protection Act, EU Directive 93/13/EEC.