IMPORTANT LEGISLATIVE CHANGES CONCERNING THE FINDING AND SANCTIONING OF UNFAIR TERMS IN THE PROVISIONS OF GEO NO 58/2022 Cover Image

IMPORTANTE MODIFICĂRI LEGISLATIVE PRIVIND CONSTATAREA ŞI SANCŢIONAREA CLAUZELOR ABUZIVE ÎN DISPOZIŢIILE O.U.G. NR. 58/2022
IMPORTANT LEGISLATIVE CHANGES CONCERNING THE FINDING AND SANCTIONING OF UNFAIR TERMS IN THE PROVISIONS OF GEO NO 58/2022

Author(s): Georgeta Cretu, Camelia Spasici
Subject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
Published by: Universul Juridic
Keywords: Abusive; Regulation; Consumer; Negotiation;

Summary/Abstract: Abusive contractual clauses usually they understand, obligations of parties.As he expressed(or not) the real will of the contracting parties,we distinguish between negotiated clauses and abusive clauses. The clause is abusive when is was not negotiated directly with the consumer and creates a significant imbalance to his detriment. Good finding regulation of the detection and sanctioning of unfair terms influences their effectiveness. This is also the field of the new European regulation,transposed nationally through O.U.G nr. 58/2022. The study is structured in three sections: „Introduction to the field of unfair terms.The black list of clauses considered abusive”, „The general framework of finding and sanctioning abusive clauses.The usefulness of the legislative amendments” and „Important legislative amendments, by the provisions of O.U.G nr. 58/2022”.

  • Issue Year: 2022
  • Issue No: 11
  • Page Range: 20-32
  • Page Count: 13
  • Language: Romanian