O Favorecimento do Vendedor em Contratos de Adesão DOI: http://dx.doi.org/10.18836/2178-0587/ealr.v2n1p155-169

Authors

  • João Francisco Menegol Guarisse Universidade Federal do Rio Grande do Sul
  • Bruno Bastos Becker Universidade Federal do Rio Grande do Sul

DOI:

https://doi.org/10.18836/2178-0587/ealr.v2n1p155-169

Keywords:

Sapateado, Surdez, Ritmo, Ensino

Abstract

Adhesion contracts are commonly viewed with suspicion by lawyers. They point to the fact that the clauses in those agreements usually favor the seller disproportionably. This article aims to understand this alleged pro-seller bias from an economic standpoint. Four theories have been analyzed. First, the hypothesis that adhesion contracts are the result of market power of the drafting party; second, the assumption that there is an asymmetry of information between consumers and sellers; third, the idea that consumers suffer from cognitive biases that prevent them the proper assessment of non-salient terms; fourth, the notion that suppliers – but not consumers – are concerned about their reputation in the market, what leads them to write contracts that protect from opportunistic consumers.

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Published

2011-03-21

Issue

Vol. 2 No. 1 (2011): Economic Analysis of Law Review

Section

Papers

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