LEGAL METHODS OF PROTECTING THE WEAKER PARTY OF THE CONTRACT

Abstract

This article provides a scientific and theoretical analysis such methods of protection of the weaker party in contractual relations as amendment and termination of the contract, invalidation of the condition, refusal to protect the right, and non-binding of an unfair condition for the weaker party. The author used general scientific (analysis, synthesis, observation, generalization, induction, and deduction) and special legal (formal legal and legal technical) methods. As a result of the analysis, it was concluded that the current protection mechanisms provided by the legislation of the Republic of Uzbekistan do not contain the entire range of measures that allow the weaker party of the contract to counteract the unfair terms of the agreement. In this regard, it is proposed to supplement the Civil Code of the Republic of Uzbekistan with rules on unfair contractual terms, provide an approximate list of such conditions, and also indicate that unfair terms included in the contract are not binding on the weaker party. In addition, it is proposed to improve this method of protection, such as amendment and termination of the contract, to give it a retrospective effect and to free the weaker party from procedural burdens when he implements this method of protection.