Voluntas and Lex Contractus in the Interpretation of Standard Clauses

In contract law, there is no general theory for standard terms. Yet, general terms and conditions create an autonomous contractual paradigm where the will of the parties ( voluntas ) is in reality the will of only one party, followed by the other’s acceptance. The result is an agreement with unequal or unbalanced consent. This paradigm, especially in Europe, began to gain traction with the advancement of consumer law, which brought the issues of control and transparency to the fore. But beyond that, the paradigm requires a re-examination of the general part of the civil codes: the interpretation of standard terms, for example, cannot be the same as that of an individually negotiated agreement. Hence the emergence, even in EU case law, of new tools (that are not really new), such as the updated and re-evaluated contra proferentem-rule employed as a remedial device. However, this is a rapidly changing landscape whose future is still unpredictable.