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When a contracting clause is abusive?

The High Court of Justice and Cassation stated that due to the previsions of  Law no. 193/2000 concerning the abusive clauses from the contracts dealt between profesionals and consumers, the evaluation of the contract clauses’ abusive nature is determined by two conditions: have not been individually negotiated and create a significant imbalance between the rights and obligations of the parties, to the detriment of the consumer. In the discussed case, the High Court stated the plaintiff can not rely on creating a significant imbalance by providing the other party the right to go beyond the deadline of the building, with no more than 3 months for legitimate reasons, even if their definition was put forward “any circumstances involving extension”. Also, the defendant did not modified unilateraly the contracting clauses and she did not reserved the exclusive right to interpretate them and the plaintiff agreed with the text from the precontract which has conditioned the conditional extension of teaching, reporting circumstances involving extension within 14 days of its expiry. (Decision no. 283 from 27th of January 2012 pronounced in appeal by the Civil Departament II of High Court of Justice and Cassation having as object moral damages)

>> The source: JURIDICE.ro

Daniela GHICAJANU

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