The topic of unfair terms in consumer contracts is not only legally interesting, but nowadays certainly concerns the broadest categories of people, namely the consumers. The compounding (globalization) of markets and the emerging new sale mediums (cash on delivery, electronically, etc.), which has experienced a great expansion in the second half of the XX Century, led to a great disproportion between mega retailers (and mega retail chains) on one side and consumers on the other side leaving ample room for manipulation. In order to protect consumers countries have, through means of state-legal mechanisms, resorted to passing lex specialis in this field, and have also made efforts to create international frameworks through different EU Directives. It is through implementation of these directives that EU member states, but also candidate countries for EU membership, guarantee a minimum of consumer protection, leaving room for stricter internal regulations. The work represents a solution of the EU and Serbian legislation, and not only through Directives and Law on Consumer Protection Act, but also broader analyzing this term though the Law on Obligations.