12.01 The relevance of standard terms in domestic and international trade cannot be overestimated. The definition of the notion of ‘standard terms’ has traditionally focused on the intention of using pre-drafted terms for an indefinite number of contracts of a certain nature. This also implies that these terms have not been individually negotiated.1 Furthermore, some legal systems establish specific rules on contracts of adhesion where all the terms are pre-drafted.2 The more modern approach is to apply certain protective mechanisms solely relying on the fact that...
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