THE LEGAL NATURE OF ”PRE-CONTRACTUL OBLIGATIONS”:CONDITIONS OF VALIDITY IN THE CONSUMER CONTRACT

Georgeta Cretu () and Camelia Spasici
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Georgeta Cretu: Ph. D, University .”Ştefan cel Mare” of Suceava Faculty of Law and Administrative Sciences
Camelia Spasici: Ph. D., University of Bucharest, Faculty of Public Administration and Business

Jurnalul de Studii Juridice, 2020, vol. 15, issue 3-4, 30-42

Abstract: This paper aims to briefly analyze the legal nature of “the pre-contractual obligations” regarding the information, counselling and safety elements that are specific to the consumer legislation. From the perspective of consumerist regulations, “the pre-contractual obligations” occur during the formation of the contract stage although in the civil contract the obligations of the parties designate the effects of the contract. In these circumstances, the following question arises: are “the pre-contractual obligations” laid down in the Consumer Code conditions of validity or effects (obligations) of the contract? This dispute is a part of the harmonization process of the institutions that are specific to the legislation of consumption with those of the contract as laid down in the Civil Code (the ordinary law in the matter). The paper is structured in four parts: “Introduction”, “The Stages of the Civil Contract: the Conditions of Validity, Conclusion, Effects and Termination”, “The Pre-Contractual Obligations as Laid Down in the Consumer Code” and “The Legal Character of the Pre-Contractual Obligations.” This legal undertaking ends with conclusions.

Keywords: Relevant Legislation: Civil Code art. 1166-1323; Law no. 296/2004 on the Consumer Code; Government’s Ordinance no. 21/1992 on consumer protection (search for similar items in EconPapers)
JEL-codes: A23 (search for similar items in EconPapers)
Date: 2020
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Persistent link: https://EconPapers.repec.org/RePEc:lum:rev4rl:v:15:y:2020:i:3-4:p:30-42

DOI: 10.18662/jls/15.3-4/73

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