ABSTRACT
As the starting point of the private law system is the recognition of the binding force of contracts, the system is disturbed by the question of how law should react to the use of unfair contract terms. The way of dealing with unfair contract terms regulation directly reflects the basic understandings of contract and contract law in the jurisdiction. Therefore, the Unfair Contract Terms Directive forces the European Union (EU) consumer law discourse to focus on basic contract law issues. The Unfair Contract Terms Directive offers an enduring example of the tension between attempts to enhance further market integration through maximum harmonisation and the need for national regimes based on the culture and expectations of the actors in the local marketplace. This chapter focuses on the tendency towards increased maximum harmonisation. It illustrates the exception to the rule and shows that there is still room also for a consumer-oriented, culturally sensitive European consumer policy.
