Unfair Contractual Terms And Practices In Relation Between Professionals

The purpose of this study is to analyse the main elements of novelty brought by the transposition of the Directive 2011/7/EU of the European Parliament and of the Council on combating late payment in commercial transactions in the Romanian national legislation by Law no. 72/2013 on the measures for combating late payment of a certain amounts of money resulting from the agreements concluded between the professionals and between professionals and contracting authorities. The current analysis is based on the interpretation of the legal previsions of the above mentioned acts as well as on the related secondary legislation. It is important to underline that at the moment of this study there is few court practice on this subject matter at the national level as well as of the European community level. Further more, considering the relatively new presence of the Law no. 72/2013 in the national legislation, albeit this law is adopting certain elements from the existent legislation, there is a lack of substantial doctrine in this respect. Starting form the considerations expressed above, we intend by this article to underline the main measures to be take into consideration by the professionals in the commercial relations established between them as well as in the commercial relations established with contracting authorities.