The concept of abusive clauses/unfair terms in contracts concluded between the undertakings, on the one hand, and the consumers, on the other hand

Andreea-Teodora Stanescu ()
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Andreea-Teodora Stanescu: Faculty of Law, University of Bucharest

Perspectives of Law and Public Administration, 2014, vol. 3, issue 1, 251-260

Abstract: Initially, the concept of unfair terms characterized only the contracts concluded between consumers and professionals. Currently, the concept is also incident in other types of contracts. This study only concerns the concept of unfair terms applicable to contracts concluded between consumers and professionals. Main regulations applicable are represented by Law no. 193/2000 on unfair terms in contracts concluded between professionals and consumers and Directive 93/13 / EEC on unfair terms in consumer contracts (interpreted by the ECJ). Scientific work is proposed to set up the concept of unfair terms. In order to do so, several steps are to be followed: 1. determining the scope (contracts on the sale of goods or services concluded between professionals and consumers); 2. analysis of unfair terms defining features: (a) the absence of negotiation between the contracting parties, (b) the presence of a significant imbalance between the rights and obligations of the parties, to the detriment of consumers and (c) the breach of good faith; 3. the identification of the incident sanctions; 4. the highlighting of some procedural features (especially in terms of the effects of court decisions finding the unfairness of a contractual term).

Keywords: unfair terms; undertakings; consumers; significant imbalance; good faith. (search for similar items in EconPapers)
JEL-codes: K12 K22 (search for similar items in EconPapers)
Date: 2014
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Citations: View citations in EconPapers (1)

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