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

Author

Listed:
  • George CHIOCARU

    () (Institute for Doctoral Studies, Bucharest University of Economic Studies)

Abstract

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.

Suggested Citation

  • George CHIOCARU, 2014. "Out Of The Court Settlement In Relation With The Challenging In Court Of The Unfair Contractual Terms," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 3(1), pages 69-72, December.
  • Handle: RePEc:sja:journl:v:3:y:2014:i:1:p:69-72
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    Keywords

    transaction; unfair clauses; contract safeguarding; void;

    JEL classification:

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

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