Consideraţii privind clauzele abuzive în contractele de adeziune, cu privire specială asupra clauzei penale abuzive

Dr. Florin Luduşan

Considerations regarding abusive clauses in adhesion contracts with special focus on the abusive penalty clause

Abstract

Adhesion contracts are the most important area of abusive clauses. Abusive clauses may take the form of penalty clauses in adhesion contracts, namely in service provision-supply contracts and in credit agreements.

The specificity of adhesion contracts is that, in this type of contracts, the clauses are imposed or drawn up by one party, and the other party can only accept them as such, therefore the freedom of will of the parties is reduced to accepting or refusing the conclusion of the contract.

A contractual clause establishing late charges exceeding a reasonable amount or establishing for one contracting party the obligation to pay to the other contracting party preset damages, of an excessive amount in relation to the damage caused, is...