ABSTRACT

The following conclusions were deemed worth mentioning. Firstly, procedural fairness should be guaranteed in all business contracts. Instead, substantive rules setting limits to permissible contracting should be carefully weighted. Only terms that do not define the main core of the contract should be subject to this scrutiny and, as far as subjects are concerned, only weak business parties are worthy of protection. Weakness in negotiations is a relative concept that is not easy to define and therefore regulation should be flexible and based on criteria such as fairness or reasonableness.