{"title":"The Commencement of Prescription (and what the Consumer’s Awareness of the Unfairness is) within the Unfair Contract Terms Directive","authors":"Antonio Ruiz Arranz","doi":"10.1515/ercl-2023-2011","DOIUrl":null,"url":null,"abstract":"Abstract Directive 93/13/ECC does not regulate prescription periods. However, some parameters can be drawn from the effectiveness principle that national legislation must consider in order to comply with Directive 93/13. This paper argues that the commencement of prescription for restitutionary claims following the unfairness of a term within the Directive 93/13 is determined with a reasonable discoverability criterion concerning the unfairness of the term. A consumer is able to discover the unfairness from the moment when a litigation context concerning the term in question arises. The commencement of prescription cannot be postponed until a court of last resort has decided over the issue on the unfairness. 182","PeriodicalId":495666,"journal":{"name":"European Review of Contract Law","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Review of Contract Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1515/ercl-2023-2011","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
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Abstract
Abstract Directive 93/13/ECC does not regulate prescription periods. However, some parameters can be drawn from the effectiveness principle that national legislation must consider in order to comply with Directive 93/13. This paper argues that the commencement of prescription for restitutionary claims following the unfairness of a term within the Directive 93/13 is determined with a reasonable discoverability criterion concerning the unfairness of the term. A consumer is able to discover the unfairness from the moment when a litigation context concerning the term in question arises. The commencement of prescription cannot be postponed until a court of last resort has decided over the issue on the unfairness. 182
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