Normele de aplicaţie imediată - scut pentru protejarea părţii mai slabe în contract

Conf. univ. dr. Claudiu-Paul BUGLEA

Drd. Dan PETRACHE

ABSTRACT

The present study analyzes the application scope of the overriding mandatory provisions in contractual matters. Although Rome I Regulation describes the overriding mandatory provisions as those provisions considered “crucial by a country for safeguarding its public interests", it is confirmed at European level that overriding mandatory provision may be adopted in order to protect private interests. Thus, we present three categories of agreements in relation to which overriding mandatory provisions have been established in order to guard the weaker party of the contract. The study remarks the risks of enlarging the application scope of such provisions. Overriding mandatory provisions should remain an exception, applied in a judicious manner, to a limited number of cases.

Keywords: overriding mandatory provisions, public interest, private interest,...