CONTRACTUL DE ADEZIUNE ȘI DEZECHILIBRUL CONTRACTUAL: FUNDAMENTE JURIDICE ȘI JURISPRUDENȚĂ EUROPEANĂ
THE ADHESION CONTRACT AND CONTRACTUAL IMBALANCE: LEGAL FOUNDATIONS AND EUROPEAN CASE LAW

Summary/Abstract: Adhesion contracts have established themselves as a fast method of contracting, but the absence of genuine negotiation raises the issue of balance between the parties. Domestic regulations, in correlation with Directive 93/13/EEC, set out the criteria by which standardized clauses can be assessed, including language clarity, good faith at the time of conclusion, and proportionality of the assumed obligations. The case law of the Court of Justice of the European Union (CJEU) has outlined benchmarks for applying these criteria, with reference to clauses concerning variable interest rates, fees, or currency risk. Doctrine and practice have identified different solutions, ranging from maintaining the contract after removing the abusive clause, to replacing it with supplementary norms, or, in limited cases, declaring the entire contract void. The analysis also highlights the active role of courts, including at the enforcement stage, as well as directions for unifying practice in consumer protection matters.

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