Article - Do you know what an adhesion contract is?

Law 8078/90, in its article 54, states: "Adhesion contract is the one whose clauses have been approved by the competent authority or established unilaterally by the supplier of products or services, without the consumer being able to discuss or substantially modify its content". We have well-known examples of this, such as contracts for the supply of water or electricity, urban transportation, etc.

That is, it is the type of contractual model that assumes that the one that produces a mass product or service (that is, that reaches a large number of people) prepares a general contract that came to be called by law 8.078 an adhesion contract.

The first Brazilian law that dealt with the issue was precisely the Consumer Defense Code: its Article 54 regulates the adhesion contract. And why is it an adhesion contract?

Well, because the consumer can only adhere to its terms and conditions. There is no possibility of discussing the clauses.

Thus, because they are contracts drawn up by one of the parties in the commercial or consumer relationship, many times their content is abusive. This means imposing on one of the parties a disproportionate advantage, or even a so-called disadvantage to the consumer or adhering contracting party, which is forbidden. The legislator, aware of the risk of the use of such clauses by the proponents of adhesion contracts, created article 51 of the Consumer Defense Code, which deals with and establishes a series of items that prohibit contractual provisions considered to be excessively harmful to consumers.

Thus, consumers should be alert when signing a contract to: (i) clauses that preclude, exonerate or mitigate the responsibility of the supplier for vices of any nature of products and services or imply waiver or disposition of rights; (ii) clauses that subtract from the consumer the option of reimbursement of the amount already paid, in the cases provided for in this code; (iii) clauses that transfer responsibilities to third parties; (iv) clauses that establish obligations deemed unfair, abusive, that place the consumer at an exaggerated disadvantage, or are incompatible with good faith or equity; (v) clauses that leave to the supplier the option of concluding the contract or not, although obligating the consumer; (vi) clauses that allow the supplier, directly or indirectly, to vary the price unilaterally; (vii) clauses that authorize the supplier to cancel the contract unilaterally, without granting the same right to the consumer.

As the adhesion contract is a consensual legal business, in order for a contractual bond to be created, it is enough for the adherent to expressly or tacitly accept to submit to the conditions given by the supplier or proponent.

Be aware of your rights and always consult a qualified professional!