The Legal Protection of the Consumer Granted by the National Legislation of Romania and the Jurisprudence on Abusive Clauses in Consumer Contracts in the Light of the Case Law of the CJEU
The Legal Protection of the Consumer Granted by the National Legislation of Romania and the Jurisprudence on Abusive Clauses in Consumer Contracts in the Light of the Case Law of the CJEU

Author(s): Lacrima Bianca Luntraru
Subject(s): Social Sciences
Published by: Udruženje ekonomista i menadžera Balkana
Keywords: Consumer contracts; Unfair terms; Directive 93/13/CEE
Summary/Abstract: The evolution of the law regarding the abusive clauses in contracts concluded between consumers and professionals is increasingly in the focus of the legal doctrine and legal practitioners in Romania, as it contributes significantly to the development of a new contractual justice, respectively to the modification of the function of fairness in consumer contracts. The paper intends to present the situation of consumers under the protection granted by the national legislation in Romania – Law 193/2000 on abusive clauses in contracts concluded between professionals and consumers, the implementing law of Directive 93/13/CEE on unfair contract terms under the impact of the case law of the CJEU. The current realities of the debated situation have inevitably led to the improvement of the consumer protection mechanism, constantly following the solid principles established by the Court of Justice of the European Union in the framework of the preliminary judgments issued on the Directive.

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