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April 20, 2026Ekonomija teorija i praksaOpen Access

On surprise clauses of general terms and conditions in German law with respect to the prohibition of Real Money Trade in the terms of Use of World of Warcraft

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Authors

MJMilan JečmenićRIRatko IvkovicMJMarko Jovanović

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Overview

This article analyzes surprising clauses in general terms and conditions, focusing on Real Money Trade prohibition in World of Warcraft.

Key Points

  • This article aims to explore the legal implications of surprising clauses in German civil law, particularly in the context of online gaming.
  • Overview of Article 305c(1) of the German Civil Code
  • Analysis of criteria for surprising clauses
  • Discussion on the burden of proof allocation
  • Review of judicial practice regarding surprising clauses
  • Case study of World of Warcraft's Real Money Trade prohibition
  • Identified legal criteria for assessing surprising clauses
  • Outlined the burden of proof responsibilities between parties
  • Provided practical examples from judicial cases
  • Concluded that the prohibition of Real Money Trade may be considered a surprising clause.

Cite This Study

Ječmenić et al. (2025) studied this question.

synapsesocial.com/papers/69e5c33703c2939914029021https://doi.org/10.5937/etp2504072j
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