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Participants in an obligations relationship are equal.56 This means that no party should have an unjustified advantage or be placed in a disadvantageous position solely due to their role in the relationship (creditor or debtor).

Example: A consumer enters into a contract with a retailer for the purchase of a product. – The contract includes a clause allowing the retailer to unilaterally change the price without notifying the consumer. Such a clause places the consumer in an unequal position and is contrary to the principle of equality. The consumer has the right to demand fair and balanced contractual terms.

 

56 See Art. 4 of OZ.

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