Контекст:
One main change is in the legal consequences of a finding of unfairness. Under the old law, an unfair term was to be declared by the judge inefficace; under the new law, it is nullo. The main consequence is that the unfairness of a term can now be declared by a judge by his own motion. Also, ‘unfair’ terms gain back their original name of vessatorie instead of abusive, which was the term adopted by the clumsy formulation of articles 1469-bis ff.



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