Emergenţa bunei-credinţe ca valoare europeană. Perspectiva clauzelor abuzive
The Emergence of Good Faith as a European Value. The Unfair Terms Perspective

Summary/Abstract: Good faith, as a moralizing legal value, is not part of the core of the European Union's values and lacks visibility. However, good faith is nowadays enshrined in various pieces of EU legislation. A relevant example for studying the relationship between the ancient concept of good faith and EU law is Council Directive 93/13/EEC of April 5, 1993 on unfair terms in consumer contracts. In particular, we will study the effect of Article 3 of the above mentioned Directive, which enshrines the standard according to which the unfairness of a contractual term can be established. In this article, we intend to analyze the regulatory framework on unfair terms, starting from the European Union level and continuing with the impact felt in domestic law. In analyzing these elements, we will use the benchmark cases extracted from the case law of both the European Court of Justice and the national courts.

• Details
• Contents