Perspectives of Law and Public Administration (Oct 2023)
Difficulties in Implementing European Contractual Institutions in National Common Law
Abstract
Romania's accession to the European Union has produced profound legal changes, including in legislative, doctrinal and practical terms. In matters of contract, the provisions of the European directives on the regulation of legal relations between professionals and consumers have created and continue to produce disputes, especially in the field of the harmonisation of the new consumerist institutions to the common national law. At the present stage, the general theory of the contract is subject to pressure exerted by the new rules, full of vitality, of the law of consumption or competition law. The main consumerist institutions subject to the national implementation process are: precontractual obligations, unfair terms and the consumer's right of withdrawal. The study insists on the difficulty of harmonizing the above institutions, in the context of the new legislative changes in the field, especially of the Emergency Ordinance of the Government. no. 58/2022. The work is structured in four sections: "The common law contract and the consumption contract", "Pre-contractual obligations: conditions of validity special to consumption", "Unfair terms: manifestations of pre-contractual will" and "Consumer withdrawal: denunciation of progressive consent".
