Der unfaire Vertrag

Michael Becker examines the bases and limits of freedom of contract as a part of private autonomy. At present, the concept of the unfair or unconscionable contract according to several court decisions would seem to be merely an issue of constitutional law in Germany. However when these recent decisions concerning structural imbalance are studied more closely, it becomes apparent that this is a problem of private power. The author attempts to develop adequate standards and instruments in contract law to deal with manifestly unfair contracts resulting from inequality of bargaining power.