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Unpredictability In Banking Contracts. Unfair Terms

Author

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  • Dragos Lucian RADULESCU

    (Petroleum-Gas University of Ploiesti)

Abstract

In accordance with the provisions of Article 1270, paragraph 1 of the Civil Code, the valid contract concluded between the parties bears a juridical power equal to the law. The condition is met in a situation in which the legal act is validly concluded, in accordance with the legal provisions. Although the parties in such a contract may not derogate from the mandatory provisions of the law during the performance of contracts, within the legal system, however, certain situations may occur that determine whether courts shall assess the balance of benefits between contractors. This article is calling into question the legal character of unpredictability, the assessment method of the courts, as well as the frequency of this phenomenon in our national judicial system.

Suggested Citation

  • Dragos Lucian RADULESCU, 2014. "Unpredictability In Banking Contracts. Unfair Terms," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 3(1), pages 331-335, December.
    • Handle: RePEc:sja:journl:v:3:y:2014:i:1:p:331-335
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    File URL: http://www.businesslawconference.ro/revista/articole/an3nr1/42.%20Radulescu%20Dragos%20Lucian%20EN.pdf
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    More about this item

    Keywords

    contract; credit; consumer; unpredictability.;
    All these keywords.

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law

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