Succinte consideraţii privind instituţia clauzelor neuzuale

drd. FABIAN-EDUARD CREŢU*

* Doctorand în cadrul Şcolii doctorale a Facultăţii de Drept, Universitatea din Bucureşti; e-mail: fabiancretuu@gmail.com

ABSTRACT

Through this study, we have intended to address, non-exhaustively, two specific aspects raised by the institution of unusual clauses. As is known, this institution appeared on the scene of local civil law with the entry into force of the new civil codification, unusual clauses not existing under the previous civil regulation, so that we cannot speak of a classic institution, rooted in the mind of the Romanian jurist. More precisely, we have set out to address the nature of the sanction applicable in the event of disregarding the requirement prescribed by art. 1203 Civil Code, as well as the nature of the legal enumeration.

The text is largely inspired by the Italian Civil Code, but the UNIDROIT Principles have also been taken into account. Solutions from comparative law will...