The purpose of this article is to analyse the problem of concluding a transaction agreement (Roma... more 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 und...
Starting with the enactment of the New Civil Code have been regulated for the first time contract... more Starting with the enactment of the New Civil Code have been regulated for the first time contracts and legal institutions specific to the banking activity. The new regulation even if they brought important solutions for certain problems regarded in the commercial activity and especially in the banking sector, have also raised new questions regarding especially their domain of applicability, their imperative or dispositive character or the possibility for the parties to conclude contract other than those expressly regulated. By taking into consideration the special character of the operations involving the administration of money as well as the sensitivity from a legal and especially social perspective of the ownership relation regarding money, we have focused in our analysis on the relations resulting from the contracts regulated by the chapter "the bank account and other banking contracts".
The purpose of this article is to analyse the problem of concluding a transaction agreement (Roma... more 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 und...
Starting with the enactment of the New Civil Code have been regulated for the first time contract... more Starting with the enactment of the New Civil Code have been regulated for the first time contracts and legal institutions specific to the banking activity. The new regulation even if they brought important solutions for certain problems regarded in the commercial activity and especially in the banking sector, have also raised new questions regarding especially their domain of applicability, their imperative or dispositive character or the possibility for the parties to conclude contract other than those expressly regulated. By taking into consideration the special character of the operations involving the administration of money as well as the sensitivity from a legal and especially social perspective of the ownership relation regarding money, we have focused in our analysis on the relations resulting from the contracts regulated by the chapter "the bank account and other banking contracts".
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Papers by George Chiocaru