Allgemeine Geschäftsbedingungen nach neuem Schweizer Recht

Since July 1, 2012, the new AGB standard in Article 8 of the UWG has been in effect. This amendment to the law on general terms and conditions (AGB) is of fundamental importance for contract and competition law. For the first time, the legislator has established a legal norm that allows for a general review of the content of contractual clauses. AGB that create a significant and unjustified imbalance between contractual rights and obligations in a manner that violates good faith are deemed unfair and ineffective. The legislator has declared this judicial content control applicable to the contractual arrangements between businesses and consumers, which affects mass business in all sectors of the economy. Ten well-known authors analyze the resulting issues of the new legal norm.