In accordance with Section 25, Paragraph four, Clause 6 of the Consumer Rights Protection Law (hereinafter - RTD), one of the functions of the CRPC is supervision of observance of consumer rights in draft contracts and contracts, which consumers enter into with manufacturers, sellers or service providers, also performance of the activities provided for in regulatory enactments in order for the manufacturer, seller or service provider to amend the draft contract or stop fulfilling the provisions of the contract, if unfair or unclear provisions have been determined in the draft contract or the entered into contract.
The CRPC is entitled to declare unfair only contractual terms that comply with the conditions of Section 6, Paragraph three of the CRPC.
On the basis of Section 25, Paragraph 8.4 of THE CRPC, the CRPC, having received a personal application regarding violation of the laws and regulations regarding consumer rights protection, shall evaluate whether a violation of consumer rights has been committed, which has caused or could cause significant harm to the collective interests of consumers. . If it does not appear from the information provided in the submission and the materials appended thereto that a violation of consumer rights has been committed, which has caused or could cause significant harm to the collective interests of consumers, the CRPC is entitled not to commence administrative pour U.. In such case, the CRPC shall prepare an answer for the person. The assessment and recognition of the terms of management contracts as unfair does not resolve individual disputes between the operator and the consumer, since, according to Article 6 (10) (1) of THE PTAL, “where unfair contractual terms result in loss for the consumer, the consumer is entitled to bring legal proceedings for the protection of his legal rights and interests”.
Freedom to conclude contracts
in accordance with the principle of freedom of contract, the freedom to choose the content of a contract is the right of the parties freely to determine the content of the contract, with the result that the conclusion of the contract and its essential components must be agreed independently by the parties, freely expressing their will. . An institution is entitled to intervene in private legal relations only if it has been determined by a regulatory enactment and in accordance with the procedures specified in regulatory enactments, for example, to recognise as unfair only such provisions which conform to the conditions of Section 6, Paragraph three of the PTAL m.. The CRPC is therefore not entitled to oblige the service provider to enter into a management contract in exactly the version desired by the individual consumer if the contractual term is not unfair. For example, consumers have expressed a request in the application to the CRPC to request the manager to amend the clause of the agreement, expressing it in the version offered by consumers:
the “to cover all necessary expenses in full, which are related to the management and management of the installation, including maintenance and operation, repair and reconstruction. . These costs shall be borne in full by the owner in proportion to the size of the apartment property. m.. The utilities supplied to the site shall be paid for, consumed at the site and for its needs in full proportion to the size of the apartment property '. In the submission, consumers indicate that the current wording of the specific clause of the contract gives the manager the possibility, without co-ordinating the expenses for the service with the owners of the building, to perform reconstruction and repair work of the joint property of consumers and request payment thereof, providing accordingly in the contract:
the owner of the has a duty to cover all necessary expenses in full, which are related to the management and management of the installation, including maintenance and operation, repair and reconstruction. . This expenditure must be borne in full by the owner. The amount of these expenses need not be reconciled with the owners m.. The utilities supplied to the site shall be paid for, consumed at the site and for its needs in full proportion to the size of the apartment property '.
Management is a specific type of service, where joint management of the co-ownership of a multi-apartment residential house is a specific type of implementation of ownership rights, within the framework of which each apartment owner is not a fully independent subject, but rights can only be exercised together with other apartment owners. . In order to regularise legal relations, there may be a restriction on the freedom to contract in this area I.. For example, given that an apartment building may have several apartment owners, with whom different management issues will not always be agreed, the law has stipulated that the decision of the general meeting of apartment owners, if taken by a majority of votes, is binding on all owners. . Moreover, special legal norms – apartment property Law, residential housing Management Law, etc. – are also binding in entering into a contract for the management and management of a residential house.