{"id":9029,"date":"2022-11-04T14:38:00","date_gmt":"2022-11-04T12:38:00","guid":{"rendered":"https:\/\/reyns-advocaten.be\/?p=1180"},"modified":"2026-06-26T11:34:12","modified_gmt":"2026-06-26T09:34:12","slug":"algemene-voorwaarden-en-de-battle-of-the-forms-2","status":"publish","type":"post","link":"https:\/\/reyns-advocaten.be\/en\/algemene-voorwaarden-en-de-battle-of-the-forms-2\/","title":{"rendered":"General terms and conditions and the battle of the forms"},"content":{"rendered":"\n
\n
\n
<\/div>\n\n\n\n
\"\"<\/figure>\n\n\n\n
<\/div>\n\n\n\n
\n
\n
\n

Written by<\/strong><\/p>\n

\n
\"\"<\/div>\n

Axelle Konings<\/a><\/p>\n <\/div>\n

Expertise<\/strong><\/p>\n

\n Corporate<\/a>\n <\/div>\n

Publication<\/strong><\/p>\n

\n

4 November 2022<\/p>\n <\/div>\n <\/div>\n<\/div>\n<\/div>\n\n\n\n

\n

General terms and conditions are a commonly used instrument for businesses to regulate future contractual relationships. These provisions are normally not negotiated, or only to a limited extent. In many cases, however, both parties use general terms and conditions and try to impose them on each other. This logically raises various practical questions: Which set of terms applies in that case? What happens when they contradict each other?\u00a0<\/p>\n\n\n\n

Battle of the forms?<\/strong><\/h2>\n\n\n\n

There is a battle of the forms<\/em>, also known as a conflict between forms, when businesses each submit their own incompatible general terms and conditions, with the intention of having the agreement in question governed exclusively by their own terms. In practice, an exclusion clause is often used to effectively set aside the other party\u2019s general terms and conditions.<\/p>\n\n\n\n

A matter of legal uncertainty<\/strong><\/h2>\n\n\n\n

For a long time, case law and legal doctrine debated this issue. Different schools of thought expressed views on how such conflicts should be resolved, each leading to a different outcome.\u00a0<\/p>\n\n\n\n

The three main theories can be explained as follows:\u00a0<\/p>\n\n\n\n