Simplified and imposed content agreements. The limits of the freedom of contract

Lucia Uta

Impact of Socio-economic and Technological Transformations at National, European and International Level (ISETT), 2015, vol. 5

Abstract: As we showed in the statement of reasons, the new Civil Code should be a mirror of the social system, a legal instrument suitable to respond to specific needs and also to meet the dynamics of social. Its regulations, in accordance with the new economic and social realities, confirm the law principles stated, and the declared target is to ensure the efficient juridical instruments for protecting the moral, social, cultural and economic values asserted in context of profound transformations of Romanian society, marked by transition to the market economy and of integration in the European Union. The contract is not only a juridical mean used to complete the economic purposes of the parties, but it is the main instrument ensuring the circulation of values. Therefore, an evaluation from the dynamic perspective of the conception about contract foundations allows conclusions on effects on the social life and on economic activities in the contemporaneous society produced by the understanding of contractual freedoms.

Keywords: contractual freedom; autonomy of will; public order in private law; contracts between professionals and consumers; abusive clause; adhesion contract (search for similar items in EconPapers)
Date: 2015
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