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"Tirania" clauzelor neuzuale
“Tyranny” of the unusual clauses

Author(s): Ionuţ Florin Popa
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: unusual clauses; usual clauses; standard clauses; formalism; substantive and formal issues; abusive clauses; surprising clauses; consumer; professional; contracts of adhesion; common practice;

Summary/Abstract: Art. 1.203 of the Civil Code regarding the unusual standardized clauses produces unjustified fear among the authors of agreements. The purpose of this study is to give the legal text the due importance and to identify an action intended to avoid the distorted enforcement of the legal text. Starting from the identification of the origin of the legal text (art. 1341 par. 2 of the Italian Civil Code) and after getting through the common sense comparisons with any texts provided by newer laws, this study is intended to actually identify the reasonable limits of the scope of the legal text: circumscribing the standardized clauses in the context of the fundamental mechanism of the offer and acceptance, the interfaces between art. 1.203 of the Civil Code and the legislation of abusive clauses, the formalism of special acceptance of the unusual clauses, the analysis of the legal list provided under art. 1.203 of the Civil Code. The unfriendly formalism of the special acceptance, as well as the restrictive nature of the legal list represents certain indisputable shortcomings of the legal text. A different and more flexible legal solution, the model for which was found in the comparative law, might have been taken into account.

  • Issue Year: 2016
  • Issue No: 01
  • Page Range: 135-154
  • Page Count: 20
  • Language: Romanian