Contract clauses that entail significant unbalance between consumer rights and obligations deriving from any agreement are called “vexatious clauses”. The rules in force make a distinction between those that are considered as such unless evidence is provided that they were signed after negotiations between the parties, and clauses that do not need any evidential assessment, since they are listed in the Code. With a view to protecting consumers, contracts only become invalid for those aspects concerning the imbalance and remain valid for the remaining ones.
The matter of vexatious clauses in contracts signed by consumers is regulated by law 52/96 implementing EEC directive no. 93/13. Art. 1469-sexies of the Civil Code gives the Chambers of Commerce the possibility of exercising inhibitory legal proceedings in order to prevent the use of general contract conditions considered as vexatious ones. .