Need to protect consumers. How do we intervene: through or in relation to certain law institutions? Cover Image
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Nevoia de protecţie a consumatorilor. Cum intervenim: prin sau asupra unor instituţii de drept?
Need to protect consumers. How do we intervene: through or in relation to certain law institutions?

Author(s): Daniel Nicolaescu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: consumers’ protection; risk sharing; contractual freedom; removal of hazard; price cap; moral hazard; ope legis hardship;

Summary/Abstract: This article examines four new laws from the perspective the need and of the possible effects, respectively draft amendments of certain laws, intended to ensure a “balance” between consumers and professionals in the financial and banking system, in the attempt to examine to what extent, and also in which manner the legislator must intervene in those situations where it considers that there is no more balance between consumers and professionals. Moreover we will try to show that certain requirements (such as the removal of “hazard”) may not be attained, and the toughness in “solving” certain real situations may not be achieved by any means, without seriously prejudicing certain law institutions.

  • Issue Year: 2019
  • Issue No: 01
  • Page Range: 273-287
  • Page Count: 15
  • Language: Romanian