Succinte considerații privind instituția clauzelor neuzuale
Brief considerations regarding the institution of unusual clauses

Summary/Abstract: Through this study, we have intended to address, non-exhaustively, two specific aspects raised by the institution of unusual clauses. As is known, this institution appeared on the scene of local civil law with the entry into force of the new civil codification, unusual clauses not existing under the previous civil regulation, so that we cannot speak of a classic institution, rooted in the mind of the Romanian jurist. More precisely, we have set out to address the nature of the sanction applicable in the event of disregarding the requirement prescribed by art. 1203 Civil Code, as well as the nature of the legal enumeration.The text is largely inspired by the Italian Civil Code, but the UNIDROIT Principles have also been taken into account. Solutions from comparative law will facilitate the understanding of the text by the Romanian interpreter, hence the importance of establishing the inspiring norms. Regarding the nature of the sanction, we proposed an „original sanction”, namely the non-integration of the unusual clause in the contractual order, and not nullity, respectively considering the clause as unwritten, the latter sanctions being the ones preferred by Romanian authors. Regarding the nature of the legal sequence, we argued that it cannot be a matter of an enunciative enumeration, but of an exhaustive one, art. 1203 C.civ. being of strict interpretation and application.

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