Principiul echilibrului contractual în noul Cod Civil şi în dreptul consumului
Numărul 3 Anul 2014
The coming into effect of the new Civil Code meant, among others, the changing of the contractual paradigm based on the principle of autonomy of will. The principle of the contractual balance is the new coordinator of the life of the contract and its conceptual tools are lesion – as vice of consent – and unpredictability. Both institutions are designed to ensure harmony of the content of the contract: the first one, in the initial moment, of i...
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Class action şi clauzele abuzive
Numărul 7 Anul 2013
Changes to Law no. 193/ 2000 on unfair terms in contracts concluded between professionals and consumers by Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure , seem to configure, by article 12 and 13, in their new formulation, a novel form, that of class action. This can be promoted, only in the case of contracts of adhesion, by The National Authority for Consumer Protection or by the associations for co...
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Contractul de credit pentru consum în viziunea Ordonanţei de urgenţă a Guvernului nr. 50/2010
Numărul 5 Anul 2012
The emergency ordinance nr. 50/2010, approved with amendments by the Law nr. 288/ 2010, transposes into domestic law the Directive 2008/48/EC of the European Parliament and of the European Council from the 23rd of April 2008 on consumer credit agreement and on abrogation of the Directive 87/202/CEE of the Council.The new European Directive imposed a complete harmonization so that the Romanian legislator had a small margin of freedom in re...
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