Protecția consimțământului consumatorului în alegerea legii aplicabile contractului
Protection of consumer consent in the contractual choice of law
Author(s): Ana-Maria DimofteSubject(s): Law, Constitution, Jurisprudence, Commercial Law
Published by: C.H. Beck Publishing House - Romania
Keywords: consumer contracts; click-wrap agreements; applicable law; Rome I Regulation; protection of consent;
Summary/Abstract: In the age of technology, the internet has broken through state barriers to provide international trade with the biggest market-opening any professional could imagine. In this context, concluding contracts has become easier and easier, sometimes with just a few steps on the website of the product or service provider. For consumers, this has meant access to a much wider range of goods and services, but it has also brought with it the risk of unexpected private international law solutions. In this respect, professionals, in an attempt to standardize the contracts concluded with different beneficiaries and also to obtain the most favourable regime possible, have included choice of law clauses in their contracts, usually in favour of the law of their place of business. The question is therefore to what extent the inclusion of such a clause in an online contract concluded with a consumer is valid in the light of the consumer's consent, usually expressed by simply ticking the box accepting the trader's general terms and conditions.
Journal: Curierul judiciar
- Issue Year: 2024
- Issue No: 3-4
- Page Range: 94-99
- Page Count: 6
- Language: Romanian
- Content File-PDF
