THE EFFECTS OF UNFAIR TERMS ON THE BINDING FORCE PRINCIPLE OF CONTRACTS
THE EFFECTS OF UNFAIR TERMS ON THE BINDING FORCE PRINCIPLE OF CONTRACTS

Summary/Abstract: Regulations regarding the unfair terms in the contracts signed by a consumer and a professional are mainly, but not entirely, found in the consumer protection law. Therefore, consumer protection law is becoming a very diverse field of law, comprising many normative acts which often offer contradictory solutions. The most important of them is Law no. 193/2000 regarding the unfair terms in the contracts signed between consumers and professionals, which transposes Directive 93/13/EEC. According to the Romanian law and doctrine in the field of consumer protection, the most important elements for a term to be considered abusive are the lack of direct contractual negotiation between the professional and the consumer, the lack of contractual balance and the total ignorance of the obligation of good faith.

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