C. CONTRACTE ŞI OBLIGAŢII COMERCIALE Noile cerinţe de informare şi dreptul de retragere în contractele la distanţă privind serviciile financiare de consum
C. COMMERCIAL AGREEMENTS AND OBLIGATIONS The new information requirements and the right of withdrawal in remote contracts concerning consumer financial services
Author(s): Dragoș Mihail MănescuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: distance financial services; right of withdrawal; pre-contractual information; adequate explanations; dark patterns; maximum harmonisation; consumer protection;
Summary/Abstract: This study examines the amendments introduced into Romanian consumer protection law by Government Emergency Ordinance No. 18/2026, transposing Directive (EU) 2023/2673 on financial services contracts concluded at a distance. It critically analyses the new pre-contractual information obligations, the right of withdrawal of 14 and, respectively, 30 days, the duty to provide adequate explanations, the right to human intervention, the electronic withdrawal function, and the prohibition of “dark patterns”. The analysis is comparative, set against the requirements of Union law and the transposition solutions adopted in Germany, France, Italy and Ireland, highlighting the tensions between maximum harmonisation, national gold-plating, and the articulation with pre-existing sectoral legislation. The study concludes with reservations regarding the legislative technique of the Romanian transposition and proposes interpretive benchmarks for practice.
Journal: Revista română de drept comercial
- Issue Year: 2026
- Issue No: 01
- Page Range: 100-123
- Page Count: 24
- Language: Romanian
- Content File-PDF
