THE DEVELOPMENT OF TRANSPARENCY IN PUBLIC AND PRIVATE (CONTRACTUAL) LAW

FROM REQUIREMENT TO PRINCIPLE

Abstract

The paper demonstrates that through the gradual evolution and transition from public to private law, particularly in the context of consumer contract law, transparency has progressed from a politically declarative recommendation, through a requirement, to becoming a widely accepted and expected standard today. Although it has not yet been formulated or legally defi ned as a principle, transparency has de facto become one of the key principles, especially through the judgments of the Court of Justice of the European Union (which affirm that transparency cannot be limited to mere grammatical and formal clarity but must also encompass its substantive meaning). This is particularly indispensable in situations where one party signs a pre-prepared contractual form. This indicates that it can currently be reasonably stated that the transparency of contracts and contractual provisions is one of the essential principles or requirements of consumer law. Given the significant influence of consumer (contract) law on (general) contract law in contemporary law, we are witnessing a time when transparency is gradually but surely and justifi ably becoming one of the principles of modern (general) contract law.