Sancţiuni fantastice şi unde le găsim: nulităţile favorabile consumatorului în dreptul românesc şi dreptul comparat
Fantastic Remedies And Where To Find Them: Consumer Only Invalidities In Romanian Law And Comparative Law

Summary/Abstract: This article examines the conceptual transformation wrought by Law No. 243/2024 in the architecture of contractual sanctions under consumer law, focusing on what the paper terms “fantastic sanctions”: the asymmetric nullity mechanism established by Art. 8(9) and (10) of Law No. 243/2024, whereby general nullity rules apply only insofar as they are favorable to the consumer, and restitution upon nullification is strictly limited to principal, excluding any compensation for the time value of money. The paper explores the tension between the formal equality doctrine of classical civil law and the emerging paradigm of “protective asymmetry”, in which absolute nullity acquires a punitive dissuasive function, departing from its classical vocation as a bilaterally neutral instrument for restoring contractual balance. The analysis proceeds along four pillars: the legislative history and constitutional validation of the law; analogous domestic mechanisms; a comparative law analysis drawing on Poland, Italy and the Republic of Moldova; and the economic consequences of the measures, including the risk of restricted access to finance for vulnerable consumers.

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