Article 223

What it means when you sign

This article deals with unfair conditions in a contract of adhesion, meaning a contract whose terms one side effectively had to accept as offered. If such a contract contains unfair conditions, the court may modify those conditions, or release the adhering party from them, in line with what justice requires. Any agreement to the contrary is void.

When you are about to sign, this article is relevant to standard-form contracts: terms and conditions, subscription agreements, form leases and similar documents, where the weaker party signs on terms drafted by the other. It means that harsh or one-sided terms in such a contract can be reduced or set aside by the court. A clause stating that the signatory waives the right to challenge unfair conditions would be void under the article. The article leaves the decision to the court, so it does not say which particular terms are unfair.