Civil law II 385-414

In the case of any discrepancies between the contents of a contract and the model form thereof, the parties shall be bound:

• by model

• by contract

• by the will of a weaker party

Provisions of a contract concluded with a consumer, which have not been individually agreed with him, shall not be binding thereupon, if his rights and duties have been stipulated in conflict with public decency and:

• in flagrant violation of his interest

• in any violation of his interest

• statutory law

The burden of evidence to prove that the provision has been agreed individually shall be borne by:

• the party who denies so

• the consumer or other weaker party

• the party who claims so

Excluding or limiting the liability to the consumer for bodily injury to a person is classified as a:

• wrongful contractual provision

• permissible contractual provision

• None of the answers are correct. It depends on the circumstances

A contract concluded between entrepreneurs who use different standard forms of contract shall not be valid for the provisions of the standard forms which:

• are mutually the same

• are mutually contradictory

• was provided earlier

A contract for an impossible performance is:

• valid, if the party was aware of that

• valid

• null and void

A contract whereby one of the parties or both assume the obligation to conclude a specified contract (preliminary contract):

• shall specify the date of the promised contract only

• shall specify the essential provisions of the promised contract

• there are no requirements

If the party obliged to conclude a promised contract evades its conclusion, the other party may demand that the damage sustained as a result of counting on conclusion of the promised contract be redressed. Parties:

• may differently specify the scope of compensation in a preliminary contract

• can not differently specify the scope of compensation in a preliminary contract

• may differently specify the scope of compensation in a promised contract

If it is stipulated in the contract that the debtor makes a performance to a third party, that person, in the absence of a different provision in the contract:

• may claim directly from the debtor that he make the performance specified in the stipulation

• may claim through the contracting party from the debtor that he make the performance specified in the stipulation

• must wait until it obtains consent from both parties

1. In the absence of a different contractual stipulation or custom, an advance payment given at the conclusion of a contract shall mean that, in the case of the non-performance of the contract by one of the parties, the other party may, without setting an additional time limit, renounce the contract and retain the advance payment, and if it was that party which gave the advance payment:

• it may demand the double amount

• it may demand the triple amount

• it may demand the one and half amount