The illegitimate exercise of the freedom of enterprise in unfair terms: a look at consumer’s jurisprudence

Abstract

Unfair terms constitute an aggravated wrong doing when they are the result of the illegitimate exercise of the freedom of enterprise. To the extent that companies have a predominant legal and economic position in the market, indisputable for the consumer, they can use these clauses as a legal instrument of their business model, predisposing exorbitant imbalances. This research analyzes how consumer jurisprudence has taken up this approach in the financial market, in real estate.