ABUSIVE CLAUSES IN ADHESION CONTRACTS IN HONDURAS: A CRITICAL REVIEW FROM THE PERSPECTIVE OF PRIVATE AND CONSTITUTIONAL LAW

Abstract

This article examines abusive clauses in adhesion contracts in Honduras, assessing their legal impact in terms of contractual consent, freedom of will, good faith, and consumer protection. Through a critical, doctrinal, and normative approach, the study identifies legal gaps and insufficient protection of the weaker party. The research involved the review of doctrine, Honduran legislation, comparative and international norms, interviews with legal professionals, and analysis of real contracts. Proposed measures include specialized commercial courts, mandatory contract registration under regulatory supervision, and legislative reforms to include specific contractual figures in the Civil and Commercial Codes, aiming to ensure equity, transparency, and effective protection for vulnerable parties.