{"id":6578,"date":"2026-02-20T13:32:07","date_gmt":"2026-02-20T13:32:07","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=6578"},"modified":"2026-11-07T13:54:55","modified_gmt":"2026-11-07T13:54:55","slug":"contracte-civile-clauze-periculoase","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/contracte-civile-clauze-periculoase\/","title":{"rendered":"Risky contract terms: identification and legal rules"},"content":{"rendered":"
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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.<\/p>

Standard and unusual terms<\/h2>

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.<\/p>

The statutory list includes, under its precise conditions, limitations of the proposing party\u2019s 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.<\/p>

Consumer contracts<\/h2>

Law No 193\/2000 also applies in the relevant trader\u2013consumer 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\u2019s detriment.<\/p>

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.<\/p>

Before you sign, check:<\/h2>