Law On Misleading Advertising And Comparative Advertising, Unfair Terms And Contracts Distance In Relation To The Liberal Professions (1)

Original Language Title: Loi relative à la publicité trompeuse et à la publicité comparative, aux clauses abusives et aux contrats à distance en ce qui concerne les professions libérales (1)

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Posted the: 2002-11-20 Numac: 2002009820 SERVICE PUBLIC FÉDÉRAL JUSTICE 2 August 2002. -Law on misleading advertising and comparative advertising, unfair terms and distance contracts in relation to the liberal professions (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: chapter I:. -Provisions General Article 1.
This Act regulates a matter referred to in article 78 of the Constitution.
It transposes directive 84/450/EEC of the Council of 10 September 1984 concerning misleading advertising, as amended by directive 97/55/EC of the European Parliament and of the Council of 6 October 1997, the directive 93/13/EEC of the Council of 5 April 1993 on unfair terms in contracts concluded with consumers, directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts, and directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of the interests of consumers, as amended by directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 and directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000.
S. 2. for the purposes of this Act, shall mean: 1 ° profession: any independent professional activity of provision of services or provision of goods, is not an act of commerce or artisanal activity covered by the Act of March 18, 1965 on the register of crafts and is not covered by the law of 14 July 1991 on trade and on information practices and the protection of the consumer excluding agricultural activities and livestock;
2 ° customer: any physical or legal person who, in contracts covered by this Act, is acting for purposes which are not in the context of his professional activity.
3 ° professional authority: the professional or competent professional Institute under the Act for regulating the professional activity of a liberal profession determined;
4 ° advertising: any form of communication made in the course of a profession in the direct or indirect purpose of promoting the supply of goods or services, including immovable property, rights and obligations, and excluding the communications prescribed by law;
5 ° advertiser: the person in favour of or on behalf of that advertising is made or which has ordered it.
6 ° distance contract: any contract concerning goods or services concluded between a holder of a liberal profession and a client as part of a sale or provision of services system remotely organized by the holder of the profession, which, for this contract, uses exclusively one or more techniques of communication distance up to the conclusion of the contract including the conclusion of the contract itself;
7th technical of distance communication: any means which, without simultaneous holder of the liberal profession and the client physical presence, may be used for the conclusion of the contract between those parties;
8 ° operator of a means of communication: any public or private, natural or legal person whose occupation is to put at the disposal of the holders of liberal profession one or more means of distance communication;
9 ° financial services: the services referred to in article 77, § 1, 4 ° of the law of 14 July 1991 on trade and on information practices and the protection of the consumer, replaced by the law of May 25, 1999.
S. 3. where a profession is exercised in the context of a legal person, unless such person is holder of a liberal profession, the legal person is also bound by the provisions of this Act.
CHAPTER II. -Of misleading and comparative advertising art. 4. without prejudice to the application of stricter laws, misleading advertising is prohibited in the liberal professions.
Is misleading advertising which, in a way, including its presentation, deceives or is likely to deceive the persons to whom it is addressed or whom it reaches and which, because of its deceptive nature, is likely to affect their economic behaviour or which, for those reasons, is detrimental or is likely to injure a competitor.
S. 5. to determine whether an advertisement is misleading, it is taken into account all its elements, including its particulars: 1 ° the characteristics of the goods or services, such as their availability, nature, execution, composition, mode and the date of manufacture or provision, their appropriateness, thereof, their quantity, their specifications, geographical or commercial origin the results that can be expected from their use, the results and the essential features of tests or checks carried out on the goods or services;
2 ° the price or its mode of establishment and the conditions of supply of the goods or provision of services;
3 ° the nature, qualities and rights of the advertiser, such as his identity and its heritage, his qualifications and its industrial, commercial or intellectual property rights or the price he received and his awards.
In addition, reflects the omission of essential information relating to the points 1 °, 2 ° and 3 ° of the first paragraph.
S.
6 § 1. Is comparative advertising, advertising which explicitly or by implication identifies a competitor or goods or services offered by a competitor.
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2. Without prejudice to the application of stricter laws, comparative advertising in the professions is lawful, as far as the comparison is concerned, then the following conditions are met: 1 ° it is not misleading within the meaning of articles 4 and 5;
2 ° it compares goods or services meeting the same needs or intended for the same purpose;
3 ° it objectively compares one or more characteristics material, relevant, verifiable and representative of these goods and services, which the price may be part.
4 ° it does not lead to confusion in the market place between the advertiser and a competitor or between the brands, names or other distinctive signs, goods or services of the advertiser and those of a competitor;
5 ° it does not discredit or denigrate the trade marks, names, other distinctive signs, goods, services, activities or situation of a competitor;
6 ° for products with designation of origin, it relates in each case to products with the same designation;
7 ° it does not take unfair advantage of the reputation attaching to a trademark, name or other distinguishing marks of a competitor or of the designation of origin of competing products;
8 ° it is not of goods or services as imitations or replicas of goods or services bearing a trademark or a name protected.
§ 3. Any comparison referring to a special offer shall indicate in a clear and unequivocal way the date at which special offer ends or, where appropriate, the fact that is subject to the availability of the goods or services and, where the special offer has not yet begun, the date of the beginning of the period during which the special price or other specific conditions shall apply.
§ 4. By way of derogation from paragraph 2, the occupational authorities may, according to the usual method of attachment of their ethical rules, prohibit or restrict the comparative advertising to the extent necessary to preserve the dignity and ethics of the profession concerned.
§ 5. By way of derogation from paragraph 2, where there is no professional authority for the profession concerned, the King may, after investigation which it regulates, prohibit or restrict comparative advertising to the extent necessary to preserve the dignity and ethics of this profession.
§ 6. The King may prohibit or restrict, after opinion of the occupational authorities, comparative advertising to preserve public health.
CHAPTER III. -Unfair s. 7 § 1. Any abusive clause in a contract concluded with the customer by the holder of a liberal profession, acting within the framework of his professional activity, is prohibited and void.
The contract remains binding on the parties if it can exist without the unfair terms.
§ 2. Is misuse any clause or condition having not been individually negotiated and at the expense of the client, which creates a significant imbalance between the rights and obligations of the parties, with the exception of clauses which reflect statutory or regulatory provisions mandatory and provisions or principles of international conventions to which the Belgium or the EU is a party.
§ 3. A clause is always considered did not object individually negotiated when it was prepared beforehand and that the client has, as such, could not have any influence on its content, particularly through a contract of adhesion.
The fact that some elements of a clause or that an isolated clause have been individually negotiated does not exclude the application of this Act to the rest of a contract if the overall assessment allows to conclude that it is a contract of adhesion.
If the holder of a liberal profession claims that a standardized clause was the subject of individually negotiated, the burden of proof is responsible.

§ 4. Are prohibited and void, the provisions listed in the annex to this Act, even if they have been negotiated.
S. 8. the unfairness of a contractual term is valued taking into account the nature of the goods or services which are the subject of the contract and referring at the time of the conclusion of the contract, to all the circumstances surrounding its conclusion, as well as to all other clauses of the contract or of another contract which it depends.
The assessment of the abusive nature of the clauses is neither on the definition of the object main contract, nor on the adequacy between the price or remuneration, on the one hand, and services or property to provide in return, on the other hand, insofar as these clauses are written in clear and understandable.
S. 9. when all or certain clauses of the contract referred to in article 7, § 1, are written, these clauses must be drafted in a clear and understandable manner.
If in doubt about the meaning of a term, the interpretation most favourable to the client prevailing. This rule of interpretation is not applicable in the context of the action for an injunction laid down in articles 18 to 24 of this Act.
S. 10 § 1. The Commission on unfair terms, referred to in articles 35 and 36 of the Act of 14 July 1991 on trade and practices on information and the protection of the consumer, amended by the Act of 7 December 1998, has clauses and conditions used in the contracts between the holders of liberal professions and their clients.
§ 2. For the purposes of § 1, the Commission may be seized by the Ministers with Justice or economic affairs in their powers by the Minister responsible for the relevant professional organizations of consumers or customers, professional authorities or by professional or inter-professional groups interested.
It can also take up Office.
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3. The Committee recommends: 1 ° the deletion or modification of the terms and conditions which believe them create a manifest imbalance between the rights and obligations of the parties, at the expense of the client;
2 ° the insertion of references, terms and conditions which considers it necessary for the information of the customer or whose absence seemed to create a manifest imbalance between the rights and obligations of the parties, at the expense of the client;
3 ° a drafting and presentation of the clauses and conditions which might allow the client to understand the meaning and scope.
Professional authorities, professional or inter-professional groups and organizations of consumers or clients may request the opinion of the Committee on projects of clauses or conditions used in the contracts between the holders of liberal professions and their clients.
§ 4. Within its competence, the Commission proposes to the relevant Ministers legislative or regulatory changes that deems it desirable.
§ 5.
The unfair terms Commission shall establish and publish every year a report of its activities. It includes the full text of the recommendations and proposals made during the year.
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6. The King determines the composition and modalities of operation of the Commission in the context of the application of this article.
CHAPTER IV. -Contracts at distance s. 11. without prejudice to the application of stricter laws, the provisions of this chapter apply to any distance contract with his client by the holder of a liberal profession, acting within the framework of his professional activity, with the exception of contracts relating to financial services.
In the conditions and taking into account the terms and conditions as it may determine appropriate, the King may, by deliberate order in Council of Ministers, declare certain provisions of this chapter applicable to contracts relating to financial services or classes of them.
He may also prescribe special provisions for public sales using a means of distance communication.
S. 12. in good time before the conclusion of the distance contract, the holder of a liberal profession shall provide to the customer, in clear and understandable terms by any means suitable for the means of communication used remotely, the following information: 1 ° the identity of the holder of the profession and the geographical address of the place of his establishment;
2 ° the essential characteristics of the good or service;
3 ° the price of the good or service, all taxes included;
4 ° delivery costs, where appropriate;
5 ° the terms of payment, delivery or performance;
6 ° the existence or, in the case referred to in article 14, § 3, the absence of a right of withdrawal;
7 ° the cost of using the means of distance communication, where it is calculated on a basis other than the basic rate;
8 ° the period of validity of the offer or the price;
9 ° where appropriate, the minimum duration of the contract in the case of contracts for the sustainable or periodic supply of a good or a service.
In addition, in the case of telephone communication, the holder of a liberal profession is required to indicate explicitly at the beginning of any conversation with a client identity and professional purpose of his appeal.
S.
13. no later than upon delivery of the property or before the execution of the service, the holder of the profession must provide the client, in writing or on another durable medium available to him and to which he has access, the following information: 1 ° the confirmation of the information referred to in article 12, paragraph 1, points 1 ° to 6 °, unless this information had already been provided to the client prior to the conclusion of the contract in writing or on another durable medium available to him and to which he has access;
2 ° the terms and conditions for the exercise of the right of withdrawal, including cases referred to in article 14, § 3;
3 ° the geographic address of the establishment of the holder of the profession where the client can present its claims;
4 ° after-sales services and existing guarantees.
5 ° the conditions for termination of the contract when it is indefinite duration or a duration exceeding one year.
S. 14 § 1. The client may, without penalty and without giving any reason, waive the contract for a period of at least seven working days from the date of the receipt of the property, or for services, the conclusion of the contract.
However, if, on that date, the holder of the profession has not executed the obligations laid down in article 13, the period referred to in the preceding paragraph is increased to three months. If within that three-month period, the information referred to in article 13 are provided, the period of seven days mentioned in the previous paragraph starts to run from this moment.
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2. When the right of withdrawal is exercised by the customer in accordance with this section, the holder of the profession is obliged to pay as soon as possible and, in any case, within 30 days, the sums paid by the client.
The only fees that may be charged to the customer due to the exercise of the right of renunciation are the direct costs of returning the goods.
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3. Unless the parties have agreed otherwise, the client may exercise the right of withdrawal for contracts: 1 ° for the provision of services whose implementation began, with the agreement of the customer before the end of the seven working days time limit to the § 1;
2 ° provision of goods or services whose price depends on fluctuations in the rate of the financial market, the holder of the profession is not in State control;
3 ° provision of goods made according to the customer's specifications or clearly personalized or which, because of their nature, cannot be returned or are liable to deteriorate or expire rapidly;
4 ° for the supply of audio or video recordings or computer software unsealed by the customer.
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4. If the price of the good or service, subject of the contract is fully or partly covered by credit granted by the holder of the profession or by a third party on the basis of an agreement between that third party and the holder of the profession, the credit contract is terminated ipso jure, without penalty, when the customer exercises his right of withdrawal under this section.
When, in accordance with the preceding paragraph, the credit is granted by a third party, it is informed without delay, by the holder of the profession of the waiver by the client.
S. 15 § 1. Unless the parties have agreed otherwise, the holder of the profession must execute the order within a period of 30 days from the day following the day where the client has sent this command to holder.
In case of non execution of the contract by the holder of the profession resulting from the unavailability of the good or services ordered, the customer must be informed of this situation. The client can request that the sums, if any, paid in payment are reimbursed as soon as possible and, in any case, within 30 days.
§ 2. If used, by a client, an instrument of electronic transfer of funds from a distance contract, the provisions of article 81, § 5, of the law of 14 July 1991 on trade and on information practices and the protection of the consumer shall apply.
S. 16. the evidence of the existence of prior information, a confirmation

written or durable medium, respect for deadlines and the consent of the customer, is the responsibility of the holder of the profession.
S. 17 § 1. It is forbidden to the holder of a liberal profession to send to a person, without a prior request on his part, any property, to acquire this well against payment of the price or, Alternatively, to return it to its sender, even free of charge.
It is also prohibited to the holder of a liberal profession to provide a service to a person, without a prior request on his part, any with an invitation to accept this service against payment of the price.
In no case, the recipient is required to pay the service provided or the good Envoy or render the latter, even if a presumption of tacit acceptance of the service or purchase has been made.
§ 2. Is prohibited, in the absence of a prior consent of the client, the use for promotional purposes by the holder of a liberal profession of the following distance communication techniques:-automated system of appeal without human intervention (automatic call);
-fax.
The King may extend the list of techniques described above.
Distance communication techniques which allow individual communications and which are not covered by the preceding paragraph, may be used for promotional purposes by the holder of a liberal profession that in the absence of objection by the customer.
Chapter V. - the action for injunction s. 18. the president of the Court of first instance finds and orders the cessation of an Act, even criminally punishable, constituting an offence under the provisions of this Act.
It can prohibit the dissemination of misleading advertising or illicit comparative advertising not yet brought to the attention of the public, when there are clues to the imminence of their dissemination.
Without prejudice to the application of section 811 of the Judicial Code, it may also order a technique of communication operator, when it is in a position to do so, to terminate the practices inconsistent with the provisions of chapter IV.
S.
19. article 18 shall not apply to acts of infringement which are sanctioned by the laws on patents for inventions, brands of products or services, designs and copyright and neighboring rights.
However, the preceding paragraph is not applicable to service marks used on the Benelux territory on the date of entry into force of the Protocol of November 10, 1983, amending the Uniform Benelux Law on trade marks when the Uniform Benelux Law on trade marks does not allow the above trademark owners to invoke the provisions of the law of trademarks.
S. 20. the action referred to in article 18 is formed in the application: 1 ° of the persons concerned;
(2) a professional authority or a professional or interprofessional grouping enjoying legal personality;
3 ° of an association aimed at the defence of the interests of consumers, as long as it enjoys legal personality and that it be represented to the Consumer Council;
4 ° a mutual or national union;
5 ° the competent Minister or Ministers responsible for the matter in question.
The action formed at the request of an association referred to in paragraph 1, 3 °, and concerning an act constituting an offence under section 7 may be directed separately or jointly against several holders of the same profession or their professional or interprofessional groups which use or recommend the use of the same contractual clauses General, or similar clauses.
By way of derogation from articles 17 and 18 of the Judicial Code, the entities referred to in paragraph 1, 2 °, 3 ° and 4 °, may sue for the defence of their statutorily defined collective interests.
S.
21 when an Act, even criminally repressed and having its origin in Belgium, detrimental to the collective interests of customers in another State member of the European Union, and constitutes, according to rules on applicable law, i.e. an offence under the provisions of this Act, or an offence under the law of a Member State implementing the directives referred to in article 1 , paragraph 2, any entity qualified by that other Member State may apply to the president of the Court of first instance finding and order the cessation of this Act.
Qualified entity, it is necessary to hear any body or organization constituted in accordance with the law of a Member State, whose purpose is to protect the collective interests of consumers and that is on the list of qualified entities established by the Commission European and published in the Official Journal of the communities European.
The president of the Court of first instance accepts the list referred to in the preceding paragraph as evidence of the capacity to act of the qualified entity without prejudice to its right to examine whether the subject matter of the qualified entity justifies her action.
S. 22. the action for an injunction referred to in articles 18 and 21 is formed and educated according to the forms of the referee.
It can be introduced by inconsistent application, in accordance with articles 1034ter to 1034sexies of the Judicial Code.
The request is signed by a lawyer.
It is held on the action notwithstanding any prosecution on grounds of the same facts before a criminal court.
The judgment is enforceable by provision, notwithstanding any route of appeal and without bail.
Any decision is, in the eight, and the diligence of the clerk of the competent court, communicated to the professional authority and the competent Minister.
In addition, the clerk of the Court before which an action is brought against a decision made under sections 18 or 21, is required to inform without delay the professional authority or the competent Minister of the introduction of this appeal.
S. 23 § 1. The action for injunctions relating to advertising not in accordance with the provisions of this Act is brought to borne by the advertiser's advertising.
However, when the advertiser is not resident in Belgium and has not designated a person responsible for having its domicile in Belgium, termination action may also be brought to charge of:-written advertising editor or producer of audiovisual advertising.
-the printer or the Director, if the Publisher or producer do not have their domicile in Belgium and have not appointed a person responsible for having its domicile in Belgium;
-the dispenser as well as any person who knowingly helps that advertising produces its effect, if printer or the Director do not have their domicile in Belgium and have not appointed a person responsible for having its domicile in Belgium.
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2. The president of the Court of first instance may: 1 ° require the advertiser to furnish evidence of the accuracy of the facts, contained in advertising if, taking into account the legitimate interests of the advertiser and any other party to the proceedings, such a requirement appears appropriate in the light of the circumstances of the case, and 2 ° consider as inaccurate factual data if required evidence pursuant to the point 1 ° are not made or if he considers them insufficient.
S. 24. the president of the Court of first instance may require the display of its decision or the summary that he wrote, during the period as it may determine, both outside and inside the establishments of the offender and order publication of judgment or the summary through newspapers or in any other way, all at the expense of the infringer.
However, these measures cannot be prescribed if they are likely to contribute to the cessation of the offending act or its effects.
CHAPTER VI. -Penal sanctions art.
25 are punished by a fine of 250 to 10,000 EUR, those who commit an offence under the following provisions relating to distance contracts: 1 ° articles 12, paragraph 1, 6 and 13, 2 °;
2 ° article 17, § 1.
S. 26 are punished by a fine of 1,000 to 20,000 EUR, those that do conform to this that has a judgment or a judgment delivered pursuant to articles 18 or 21 as a result of an action for injunction.
Without prejudice to usual regarding recurrence rules, the penalty provided for in the first subparagraph is doubled for offences referred to in the first subparagraph, in the five years after a conviction cast in force of res judicata pronounced by the head of the same offence.
S. 27. when the facts before the tribunal subject to an action for injunction, it cannot be ruled on the criminal action unless a cast in res judicata decision relatively to the action for an injunction.
S. 28. the companies and associations with legal personality are civilly responsible for convictions in damages, fines, costs, confiscations, refunds and penalties any imposed for infringement of the provisions of this Act against their organs or attendants.
It is the members of all associations without legal personality, where the offence was committed by a partner, Manager or officer during an operation falling within the scope of the activity of the association. Liable partner however is personally liable to maximum of amounts or values that it has withdrawn the operation
These companies, associations and members will be able to be cited directly before the Criminal Court by the public prosecutor or the injured party.

S. 29. the provisions of book 1 of the penal Code, without exception of Chapter VII and article 85, shall apply to the offences covered by this Act.
CHAPTER VII. -Provisions finals s. 30. a clause declaring applicable to a contract referred to in this law the law of a State to the European Union is deemed to be non-written with regard to the matters dealt with by this Act when, in the absence of this clause, the law of a Member State of the European Union would be applicable and that this law provides protection over high to the customer in such material.
Shall also be deemed unwritten clause whereby the client waives the rights conferred by this Act.
S. 31A article 587 of the Judicial Code, amended by the laws of the April 3, 1997, 10 August 1998 and 4 May 1999, the following changes are made: 1 3 ° ° is deleted;
2 ° 6 ° is replaced by the following provision: "6 ° on applications provided for in articles 18 and 21 of the Act of 2 August 2002 on misleading advertising and comparative advertising, unfair terms and contracts at distance with respect to the liberal professions".
S. 32 are repealed: 1 ° Act of October 21, 1992 on misleading advertising with respect to the liberal professions;
2 ° Act of 3 April 1997 on unfair terms in contracts with their customers by the holders of liberal professions, as amended by the Act of 7 December 1998.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Punat, 2 August 2002.
ALBERT by the King: the Minister of Justice, M.
VERWILGHEN for the Minister of Telecommunications and public Participations and businesses, responsible Middle Classes, absent: the Minister of Justice, Mr. VERWILGHEN. the Minister of economy, c. PICQUÉ sealed with the seal of the State: the Minister of Justice, Mr. VERWILGHEN Schedule 1. Clauses which has the object or effect: has) to exclude or limit the liability of the holder of a profession in the event of death of a client or tangible damage to it, resulting from an act or omission by the holder of a liberal profession;
(b) to exclude or limit inappropriately the statutory rights of the customer towards the holder of a liberal profession or another party in the event of total or partial non-execution or defective performance by a holder of a profession of a any of the contractual obligations, including the possibility to offset a debt to the holder of a profession with a claim that it would be against him.
(c) to provide a firm client commitment, while the performance of the services of the holder of a liberal profession is subject to a condition which depends on his own will;
(d) to enable the holder of a liberal profession to retain sums paid by the client if it waives the right to conclude or perform the contract, without providing for the right of customer to receive compensation of an equivalent amount on the part of the holder of a liberal profession when this is what gives up;
e) to impose on the customer who does not perform its obligations an amount disproportionately high;
(f) authorize the holder of a liberal profession to terminate the contract at its discretion if the same Faculty is not recognized to the client, as well as to enable the holder of a liberal profession to retain sums paid in respect of benefits not yet carried out by him, when it is the holder of a liberal profession itself which terminates the contract;
(g) to authorize the holder of a liberal profession to end without reasonable notice to an indefinite contract, except in the case of reason serious;
(h) to extend automatically a contract term in the absence of the customer otherwise, while an excessively remote the contract end date was set as the date limit to express this desire of non-extension of the part of the customer;
i) see irrevocably the client join clauses which he did not had, indeed, the opportunity of becoming acquainted before the conclusion of the contract;
(j) to authorize the holder of a liberal profession to unilaterally alter the terms of the contract without reason valid and specified in the contract;
(k) to authorize the holder of a liberal profession to change unilaterally without valid reason from the characteristics of the product to be delivered or the service to be provided;
(l) to predict that the price of the goods is determined at the time of delivery, or to grant the seller of goods or supplier of services to increase their price without in both cases, the client has a corresponding right to break the contract if the final price is too high compared to the price agreed when the contract was concluded;
(m) to grant a liberal profession holds the right to determine whether the delivered thing or the service provided complies with the terms of the contract or confer the exclusive right to interpret one any clause of the contract;
(n) to restrict the obligation of the holder of a liberal profession to respect commitments undertaken by his agents or submit its commitments to compliance with a particular formality;
(o) to require the client to perform its obligations even when the holder of a liberal profession will not perform his;
(p) to provide for the possibility of assignment of the contract on the part of the holder of a liberal profession, when it is likely to cause a decrease in securities for the client without the agreement
(q) to remove or hinder the exercise of legal actions or remedies by the client, including by requiring the client to only enter a Court of arbitration not covered by legal provisions, unduly limiting evidence at the disposal of the customer or by imposing on it a burden of proof which, under the applicable law should normally return to another part of the contract.
2. scope of the g points), j) and l): has) point g) shall not preclude clauses whereby the supplier of financial services reserves the right to terminate the contract unilaterally, and this, without notice in the event of a valid reason, provided that may be borne by the holder of a liberal profession the obligation to inform the other contracting parties immediately.
(b) point j) does not prevent to clauses according to which the financial service provider reserves the right to change the rate of default interest due by the customer or due to it, or the amount of all other costs relating to financial services, without prior notice in the event of a valid reason, provided that may be borne by the holder of a liberal profession the obligation to inform the other parties as soon as possible and that they are free to terminate the contract immediately.
The point j) is no obstacle to clauses according to which the holder of a liberal profession reserves the right to modify unilaterally the conditions of a contract of indeterminate duration provided that is charged to the duty to inform the customer with reasonable notice and be free to terminate the contract.
((c) point g), j) and l) are not applicable to the:-transactions involving securities, financial instruments and other products or services whose price is linked to fluctuations in a course or a stock market index or a rate of financial market as holder of a liberal profession control;
-contracts of purchase or sale of foreign currency, traveller's cheques or international money orders denominated in foreign currency.
(d) item l) does not preclude escalation of prices for provided that they are lawful and that the mode of the price change is explicitly described.
_ Note (1) Session 2001-2002.
House of representatives.
Parliamentary papers. -50-1469: No. 1: Bill. -No. 2: amendments. -No. 3: amendments. -No 4: amendments. -No 5: amendments.
-No 6: amendments. -No 7: report. -No. 8: text adopted by the Committee for economic and commercial law issues. -No. 9: text adopted in plenary meeting and transmitted to the Senate.
Parliamentary Annals. -Discussion and adoption. Meetings on 29 and 30 May 2002.
Senate.
Parliamentary papers. -2-1177: No. 1: project referred by the Senate. -No. 2: amendments. -No. 3: report.
-No 4: Decision not to amend.
Parliamentary Annals. -Discussion and adoption. Meeting of July 17, 2002.