Law No. 193 of 6 November 2000 (* republished *) (* updated *) on unfair terms in contracts concluded between professionals and consumers (updated on 13 June 2014) ISSUER-PARLIAMENT-------*) Republished pursuant to the provisions of art. 80 of law No. 76/2012 for the implementation of law No. 134/2010 relating to the civil procedure code, published in the Romanian Official Gazette, part I, no. 365 of 30 may 2012, posing a new texts.
Law No. 193/2000 on unfair terms in contracts concluded between professionals and consumers was republished in the Romanian Official Gazette, part I, no. 305 of 18 April 2008 and subsequently amended by law No. 161/2010 modification of article. 84 of law nr. 296/2004 code on consumption and law No. 193/2000 on unfair terms in contracts concluded between traders and consumers, published in the Romanian Official Gazette, part I, no. 497 of 19 July 2010.
Chapter I General provisions Article 1 (1) any contract concluded between professionals and consumers for the sale of goods or the provision of services will include clear contractual clauses, unequivocally, to understand which are the necessary specialist knowledge.
(2) In case of doubt regarding the interpretation of contractual clauses, they will be interpreted in favour of the consumer.
(3) it is prohibited to professionals of the stipulation of the unfair consumer contracts.
Article 2 (1) by the consumer means any natural person or group of natural persons constituted as associations which, by virtue of a contract falling within the scope of the present law, acting for purposes outside his trade, industrial or artisanal production times.
(2) by professional ' means any natural or legal person authorised, pursuant to an agreement governed by this law, acting in the framework of his economic activity, industrial or artisanal production times and any liberal person who acts for the same purpose in the name of or on behalf of that person.
Article 3 (1) the provisions of this law shall also apply to bills or bills of delivery, tickets, vouchers and others also contain provisions or references to general terms and conditions.
(2) the contractual terms set out under other enactments in force are not subject to the provisions of this law.
Chapter II rights and obligations of the Contracting Parties Article 4 (1) a contractual clause that was not negotiated directly with the consumer will be considered abusive if, by itself or together with other provisions of the contract, to the detriment of the consumer, and contrary to the requirements of good faith, a significant imbalance between the rights and obligations of the parties.
(2) a contractual clause will be considered as not having been negotiated directly with the consumer if it were determined without giving the consumer the possibility to influence the nature of them, such as preformulate or standard contracts and conditions practiced by professionals) on the market the product or service in question.
— — — — — — — — —-. (2) of article 9. 4 has been modified in accordance with paragraph 3 of article 7. 38 of law No. 76 of 24 may 2012, published in MONITORUL OFICIAL nr. 365 of 30 may 2012, by replacing the term "trader" with the term "professional".
(3) the fact that certain aspects of contractual clauses or only one of the clause was negotiated directly with the consumer does not preclude the application of the provisions of this Act for the remainder of the contract, where a comprehensive assessment of the agreement highlights that it was unilaterally by default. If a professional claims that a standard clause preformulată was negotiated directly with the consumer, it is his duty to present evidence in this regard.
(4) the list contained in the annex which forms an integral part of this law plays, by way of example, clauses regarded as abusive.
(5) without prejudice to the provisions of this law, the nature of an abusive contractual clauses shall be assessed according to: a) the nature of the goods or services covered by the contract at the time of its conclusion;
b) all factors leading to the conclusion of the contract;
(c) other clauses of the contract) or other contracts on which it depends.
(6) the assessment of the abusive nature of the clauses is not associated with the main object of the contract definition, nor with the quality to meet the requirements of the price and remuneration, on the one hand, or with the products and services offered in Exchange, on the other hand, to the extent that these clauses are expressed in a language that is easily understandable.
Article 5 in the case of standard preformulate Pro is required to submit, upon request, any interested person a copy of the contract to which it proposes.
Article 6 contained in the unfair contract and recorded either personally or through the bodies empowered by law will not produce effects on the consumer, and the contract shall be satisfied by further agreement with the consumer, but if after removing them may continue.
Article 7 to the extent that the contract no longer can produce effects after removal of the terms considered unfair, the consumer shall be entitled to demand termination of the contract, which may request, where appropriate, and damages.
Chapter III bodies for finding contraventions and dispute resolution Article 8 compliance with the provisions of this law shall be made by the National Authority empowered you to consumer protection, as well as by specialists authorized other bodies of public administration, according to powers.
Article 9 control bodies shall carry out checks at the referral of persons harmed. 2 (2). (1), or ex officio.
Article 10 Professionals have an obligation to present the control bodies, in contracts concluded with consumers.
Article 11 Supervisory Bodies empowered conclude protocols through records of findings on the occasion of checks made, as well as articles in the law violated professional.
Article 12 *) (1) where the use of adhesion contracts which contain unfair terms, the control bodies referred to in article 1. 8 will seize the Court or, where appropriate, the order's headquarters, requesting its intervention to amend ongoing contracts run through the Elimination of unfair terms.
(2) at the request of the judgment will be annexed to the report drawn up under art. 11. (3) Associations for consumer protection that meet the conditions laid down in article 21. 30 and 32 from the Government Ordinance. 21/1992 on consumer protection, republished, with subsequent amendments and additions, you can call Sue Pro that uses adhesion contracts containing unfair clauses, the Court referred to in paragraph 1. (1) in order to stop their use, and modification of contracts being enforced by eliminating unfair terms. The provisions of article 13(2). (1) and (4) shall apply.
(4) the provisions of paragraphs 1 and 2. (1) to (3) shall be without prejudice to the right of the consumer to whom opposes a pre-formulated standard contract containing unfair to invoke the invalidity of the clause about action times on the way, according to the law.
Article 13 (1) the Court, if it finds the existence of unfair terms in a contract, an obligation to amend all Pro contracts of adhesion in course of execution, as well as to eliminate unfair terms in consumer contracts preformulate, intended to be used in the context of professional activity.
(2) in the case referred to in paragraph 1. (1) the Court shall apply administrative fines provided for in art. 16. (3) if the Court finds that there are unfair terms in a contract, will cancel the report drawn up.
(4) the decision shall be subject to call only *).
Article 14 injured Consumers under contracts concluded in breach of the provisions of this law shall have the right to address the judicial organs in accordance with the provisions of the civil code and of the code of civil procedure.
Article 15 where the parties choose as the law applicable to the contract law of a State which is not part of the European Union, and the contract has a close connection with the territory of Romania or with other Member States of the European Union and where this law has provisions which are more favourable to the consumer will apply to the latter.
Chapter IV Sanctions Article 16 (1) is subject to, to the extent that the Act is not committed in such circumstances that, according to the criminal law, be deemed to be an infringement, breach of the prohibition laid down in article 21. 1 (1). (3) and shall be imposed with a fine from 1,000 to 200 lei lei.
(2) the provisions of this law shall be supplemented by the provisions of Ordinance No. 2/2001 relating to the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented, except art. 27-29.
Chapter V final provisions article 17 of this law shall enter into force 30 days after its publication in the Official Gazette of Romania, part i. at the same time, any provisions to the contrary are hereby repealed.
Article 17 ^ 1 National Consumer Protection Authority shall inform the European Commission on the adoption or maintenance of stricter provisions in this emergency Ordinance than the provisions of Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, and any subsequent amendments of this emergency Ordinance, in particular where such provisions be extended testing of unfairness to individually negotiated contractual clauses or the of the price or remuneration, either contain lists of contractual terms which will be considered abusive.
Art. 17 ^ 1 was introduced by paragraph 1. (1) of article 1. 29 of the EMERGENCY ORDINANCE nr. 34 of 4 June 1986, published in MONITORUL OFICIAL nr. 427 of 11 June 2014.
* This law transposes the provisions of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts published in the official journal of the European Union (ECOJ) No. L 95 of 21 April 1993.
Annex list of clauses deemed abusive (1) are deemed to be unfair contractual provisions that entitle to: Pro) to modify the contract unilaterally without a valid reason which shall be specified in the contract.
The provisions of this subparagraph do not oppose the terms under which a supplier of financial services reserves the right to alter the rate of interest payable by the consumer for the latter times due or the amount of other charges for financial services without notice where there is an incentive to be justified, given that the interpreter is obliged to inform as soon as possible about the other Contracting Party and the latter are free to dissolve the contract immediately.
The provisions of this subparagraph do not oppose also clauses by which Pro reserves the right to change unilaterally the terms of a contract of indeterminate duration, provided that the professional has an obligation to inform the consumer, by means of a notice transmitted within a reasonable time for the latter to be free to terminate the contract;
b) oblige the consumer to be subject to terms and conditions about which had no real opportunity to peruse at the time of signing the contract;
c) oblige the consumer to fulfil their contractual obligations, even in situations where no Pro and it has fulfilled its own;
d) entitle the worker to extend a contract for a specified period, by tacit agreement of the consumer, if the period of limitation from which it could express the option was insufficient;
e) entitle the worker to alter unilaterally without the consent of the consumer, the clauses relating to the characteristics of the products and the services to be provided or a product delivery times the term performance of a service;
f) entitle the worker to check the conformity of products and services unilaterally provided for in the contract;
g) give the exclusive right to interpret contractual Pro;
h) restrict or abrogate the consumer's right to claim compensation in cases where defaulting Pro contract;
I oblige to pay) of the consumer is disproportionately high in case of failure to comply with contractual obligations, compared to the damage sustained by the professional;
j) restrict or abrogate the right of the consumer to denounce or to terminate the contract unilaterally, in cases where:-the Pro modified unilaterally referred to. e);
-Pro has not fulfilled its contractual obligations;
-established pro consumer, by contract, clause regarding the payment of fixed amounts in the case of unilateral termination;
k) exclude or limit the liability of the professional in the event of injury or death to the consumer as a result of an action or omission relating to the use of professional products and services;
l) exclude the consumer's right to take legal action or exercising another legal remedy, asking them at the same time resolving disputes by arbitration in particular;
m) allow unduly imposing restrictions in obvious evidence available to the consumer or request some samples, according to law, are subject to other parts of the contract;
n) entitle the worker to transfer contractual obligations to a third party agent, nominee, etc., without the consent of the consumer, if this serves to reduce the transfer of securities or other liability towards the consumer;
a consumer offset) prohibit a debt by a professional with whom he would have it on the worker;
p) predict that the price of the products is determined at the time of delivery or allow sellers of products or service providers the right to raise prices, without that, in both cases, to give the consumer the right to cancel the contract if the final price is too high in relation to the price agreed at the time of conclusion of the contract.
The provisions of this subparagraph do not oppose price-indexing clauses, as long as they are lawful, provided that the method by which prices vary to be described explicitly;
r) allow obtaining Pro monies from the consumer, in the case of non-execution or completion of the contract by the latter, without providing for compensation for the amount equivalent to existence and the consumer, in the case of non-execution of the contract by the professional;
s) will entitle the worker to annul the contract unilaterally without having to provide the same right and human health;
t) entitle the worker to terminate a contract concluded for an indefinite period without reasonable notice except for compelling reasons.
The provisions of this subparagraph do not oppose clauses whereby the supplier of financial services reserves the right to unilaterally the termination of a contract concluded for an indefinite period of time and without prior notice in case of a valid reason, provided that the supplier is required to inform the other Contracting Party.
(2) the provisions of paragraphs 1 and 2. (1) (a). a), p) and t) are not applicable in the case of: (a) transactions in transferable securities), financial instruments and other products or services where the price is linked to fluctuations in a stock exchange quotation or index times a scholar exchange rates on the financial market, which the seller or supplier does not control;
b) contracts for the purchase or sale of foreign currency, traveller's cheques, international money orders issued in foreign currency or other payment instruments.