sec_3_4_1__para__4

The assessment of a significant imbalance requires an examination as to how a contract term influences the rights and obligations of the parties. Insofar as there are supplementary rules from which the contract term deviates, those will be the primary yardstick for assessing a significant imbalance in the rights and obligations of the parties (216). Where there are no relevant statutory provisions, a significant imbalance will have to be assessed in light of other points of reference, such as fair and equitable market practices or a comparison of the rights and obligations of the parties under a particular term, taking into account the nature of the contract and other related contract terms.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.