Exclusion of burdeness conditions from the adhesion contract

public contracts and adhesion contracts are special structures and, despite the sufficient period of application of the rules governing them, continue to attract attention. In this regard, it seems interesting to discuss a number of practical proposals presented in this article. The possibility of adjusting a public contract that is not an adhesion contract before its conclusion in the part not determined by the rules and tariffs binding on the parties contrasts with the exclusion of such a possibility in relation to accession contracts. Which at first glance seems quite natural, given the purpose and meaning of the accession agreement – saving resources of various kinds. In order to balance the privileges granted for the unilateral determination of the terms of the adhesion contract, an institution for changing or terminating the adhesion contract is provided on the basis of paragraph 2 of Article 428 of the Civil Code of the Russian Federation. The institution of changing or terminating an adhesion contract is quite relevant for the latest judicial practice and is obviously aimed at excluding unfair and onerous terms from the contract. Ensuring guarantees of the rights of the weaker party to the contract, which, due to the weakness of its negotiating and economic capabilities, is unable to exclude obviously unfavorable conditions from the terms of contracts without the help of the judiciary, is a significant achievement for both the legislator and the law enforcement officer. Ensuring guarantees of the rights of the weaker party to the contract, which, due to weak negotiating and economic capabilities, is unable to exclude obviously unfavorable conditions from the terms of contracts without the help of the judiciary, is a significant achievement of both the legislative and judicial authorities. However, the right of the acceding party to terminate or change the adhesion contract, firstly, is provided only after the conclusion of such an agreement, that is, accession to it, and secondly, should not exclude other rights to protect against unfair contractual terms. Another such right or method may be the institution of imposing an obligation to perform certain actions in order to exclude clearly onerous conditions of the adhesion contract before accession to such a contract. The importance of a different procedure for protecting the “weak” party to the contract is determined by the negative consequences associated with the need to fulfill clearly onerous conditions before they are recognized as such by the court.

adhesion contract, public contract, exclusion of clearly onerous conditions, modification of adhesion contract, protection of the "weak" party to the contract