So-called abusive clauses are provisions included in pre-drafted contracts which, without having been individually negotiated, create a significant imbalance between the rights and obligations of the parties. They usually appear in so-called adhesion contracts, where one party simply accepts content that has already been drafted, with no room for modification.

This type of clause is particularly common in consumer contracts, such as loans, leases, insurance policies, financial services, telecommunications or basic utilities. Common examples include disproportionate penalties, the imposition of costs that legally should not be borne by the consumer, a lack of transparency regarding the real costs of the contract, or the undue limitation of rights recognised by law.

From a legal perspective, an abusive clause is considered null and void. This means it produces no legal effects and does not bind the disadvantaged party, even though the remainder of the contract may remain in force. In many cases, such nullity also allows the affected party to claim back amounts paid as a result of the application of the clause, provided the legal requirements are met.

However, identifying an abusive clause is not always straightforward. Technical language, lengthy contracts and the apparent normality of certain conditions often make it difficult for consumers to recognise the irregularity. As a result, these situations are frequently only discovered once a dispute or financial harm has already arisen.

For companies and professionals, the use of abusive clauses also entails significant risks. Beyond the potential nullity of the contract, administrative sanctions, legal claims and reputational damage may follow. Reviewing contracts and adapting them to current legislation is therefore an essential preventive measure.

Contractual transparency plays a key role in preventing disputes. A clear, understandable and balanced contract not only complies with the law but also strengthens trust between the parties and reduces the likelihood of future litigation. Providing adequate information prior to signing is both a legal obligation and a sound legal practice.

In cases of doubt, professional contract review makes it possible to understand the true scope of an agreement and identify potential imbalances. At Bufete Marrero-Henning, we support our clients in the analysis and defence of their contractual rights, offering rigorous legal advice both in prevention and in dispute resolution. Because understanding what one signs is the first step toward protecting one’s interests with legal certainty.