Out Of The Court Settlement In Relation With The Challenging In Court Of The Unfair Contractual Terms

The purpose of this article is to analyse the problem of concluding a transaction agreement (Romanian language ”contract de tranzactie”) in relation with the unfair clauses which may occur in the contracts concluded between professionals and consumers. In this respect our purpose is to analyse, within this article, the current level of the doctrine in what concerns the transaction agreement, as this was regulated by the New Civil Code, as well as the possibility to conclude such contracts in relation with a contractual clause or a number of contractual clauses considered unfair. We will concentrate especially on the possibility to conclude a transaction agreement prior the identification of the clause subject to a possible dispute, which forms the object of the transaction agreement. The purpose of this analysis is to present an alternative method to safeguard the contract between the professional and consumer by the contracting parties themselves, contractual parties who better understand and represent the ways forward for the situations when unfair contractual terms occurs.