Before signing, examine terms which allocate risk, limit liability or permit unilateral changes or termination. An unbalanced term is not automatically invalid: the applicable regime depends on the contract, the parties and the relevant law.

Standard and unusual terms

The Civil Code regulates standard terms prepared in advance for repeated use. Certain unusual standard terms have effect only if the other party expressly accepts them in writing under Article 1203.

The statutory list includes, under its precise conditions, limitations of the proposing party’s liability, unilateral termination rights, loss of rights, automatic renewal, arbitration clauses and departures from court-jurisdiction rules. Check whether the actual term falls within the provision and how acceptance was recorded.

Consumer contracts

Law No 193/2000 also applies in the relevant trader–consumer relationships. A term which has not been individually negotiated may be unfair if, contrary to good faith, it creates a significant imbalance to the consumer’s detriment.

Assessment takes account of the contract and relevant context; finding similar wording in a generic list does not replace that analysis. Consumer legislation does not automatically apply to every civil contract or every agreement between businesses.

Before you sign, check:

  • Who can change the price, conditions or duration, and in what circumstances.
  • How and when the contract can be terminated or renewed.
  • Each party’s liability and any agreed damages.
  • Notice periods, penalties and dispute-resolution procedures.
  • Whether you had a genuine opportunity and sufficient time to read and negotiate the terms.

Keep the contract version, offers and negotiation messages. Request written clarification of unclear wording and propose specific changes before signing.

A signature does not automatically make every term enforceable. Equally, challenging a term requires identification of the legal basis and its actual consequences.

See the Civil Code, Articles 1202–1203, and Law No 193/2000 for consumer contracts. Assessment depends on the full text and the parties’ legal status.