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General Law Notions Involved In The Regulation Of Unfair Terms

Author

Listed:
  • Emilia MIHAI

    (Professor PhD., The West University of Timi┼čoara, Faculty of Law and Administrative Sciences, ROMANIA)

Abstract

Law no. 193/2000 on unfair terms in contracts concluded between traders and consumers transposes into the Romanian legislation the Council Directive no. 93/13/EEC of 5 April 1993. The law aims at restoring the contractual balance significantly altered by the provision of unfair terms within consumer contracts. In this postmodern approach of the Romanian legislator, we recognize the recurrence of some general fundamental legal notions, points of co-incidence between the domestic legal order and the European, supranational one: lesion, cause, good faith.

Suggested Citation

  • Emilia MIHAI, 2010. "General Law Notions Involved In The Regulation Of Unfair Terms," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 43, pages 93-104, December.
  • Handle: RePEc:pmu:cjurid:v:43:y:2010:p:93-104
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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj10/recjurid104_8F.pdf
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    More about this item

    Keywords

    unfair terms; significant imbalance; lesion; cause; good faith;

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • K20 - Law and Economics - - Regulation and Business Law - - - General

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