Through this article, the authors aim to highlight the importance of the rights of end users in the remote conclusion of a contract for the provision of mobile telephony services, in the context in which this way of concluding such a contract involves the exclusive use of one or more many means of remote communication, without the conclusion of the contract requiring the simultaneous physical presence of the two contracting parties. If in the...

Through this article, the authors aim to highlight the importance of the rights of end users in the remote conclusion of a contract for the provision of mobile telephony services, in the context in which this way of concluding such a contract involves the exclusive use of one or more many means of remote communication, without the conclusion of the contract requiring the simultaneous physical presence of the two contracting parties. The debate...

The Civil Code took over the „undertaking” concept, a specific feature of the Commercial Law, and extended its application to the activities of any „professional”, without taking into consideration the lucrative or non-lucrative nature of these activities; unfortunately, neither of these two concepts do not enjoy an extensive regulation under the Romanian law, their legal outline being construed, mainly, through doctrine and case law. Under the...

The main goal of this study was to perform a research on the interpretation and application of art. 2158 paragraph 2 of the Civil Code, especially in the activity of natural persons. The research plan drawn up for such purpose, considered first of all, the presentation of the general aspects of money loan, and subsequently the examination of the restrictions imposed to loan granting with interest for natural or legal persons, who do not perform...

The study analyzes the relocation of the relationship bank – consumer following the recent legislative initiatives regarding the protection of the credit consumer and discusses the convergence or the competition of these new normative solutions, concluding that they have to be promoted with professionalism and responsibility, taking into account the economic and legal impact.

The study analyzes the recent legal act regarding the consumer protection in relation to professionals, with particular application to the relationship bank – consumer and to the efficiency of the and alternative dispute resolution mechanism between them in terms of its aptitude to be an effective remedy for the consumer credit indebtedness. ...

The paper highlights the role and importance of negotiation between the parties to the credit agreement in order to achieve the object of the contract. Being the legal instrument through which the parties materialized their goals on the desired consumer credit and offered by the bank; the credit agreement shall contain any provision that would lead to achieving the outcome pursued by the parties.The first phase of negotiation is performe...

After the intensification of the banking credit activity in the latter part of the 2000s, the economic crisis, the devaluation of the national currency and the decline of the purchasing power, the consumers that were parts in the credit contracts initiated legal actions against the commercial banks.Although the national legislation came into force several years before, the disputes in the matter of the protection of the consumer law issu...

This paper is addressing the implications of Romanian lawmaker’s choice timplement, in the New Civil Code, a new legal concept, the “professional”, term that encompasses the categories of traders, entrepreneurs and other persons that exercise economic or professional activities.

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...