ABSTRACT
This article examined the regulation of unfair contract terms in Cambodian consumer law through a comparative analysis with French and European Union legal frameworks. It focused on the widespread use of standard-form contracts in modern commerce. These contracts have increased concerns about structural imbalances between businesses and consumers, especially in jurisdictions where legal protections remain underdeveloped. The article argued that Cambodia lacked a coherent doctrinal and institutional framework to effectively identify and control unfair contract terms. Although recent legal developments, including the 2019 Law on Consumer Protection and Prakas No 0067 (2022), represented important progress, they remained fragmented and insufficient because they did not provide clear legal standards or effective enforcement mechanisms. As a result, consumers continued to face serious challenges when contesting one-sided contractual provisions. This problem persisted in practice. By contrast, French, along with European Union law, offered a structured and comprehensive model, which was grounded in the concepts of ‘significant imbalance’ and good faith and was supported by established judicial practice and regulatory oversight. Therefore, drawing on this comparative analysis, the article proposed targeted legal and institutional reforms to strengthen consumer protection in Cambodia. It also demonstrated how foreign legal models could be adapted to inform context-sensitive reforms in developing legal systems.
Lim, Chinglong, Regulating Unfair Terms in Standard-Form Contracts: A Comparative Study of French and Cambodian Law (May 14, 2026).
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