{"id":6977,"date":"2026-04-18T08:34:31","date_gmt":"2026-04-18T08:34:31","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=6977"},"modified":"2026-10-31T11:36:45","modified_gmt":"2026-10-31T11:36:45","slug":"abusive-clauses-in-contracts-as-you-identify-them-and-how-you-can-eliminate-them","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/clauze-abuzive-in-contracte-cum-le-identifici-si-cum-le-poti-elimina\/","title":{"rendered":"Abusive clauses in contracts: how to recognize them and what you can do"},"content":{"rendered":"

Law no. 193\/2000 protects consumers against standard clauses that, without real negotiation, create a significant imbalance to their detriment and contrary to good faith. A clause does not become abusive simply because it is disadvantageous: what matters is the wording, the manner of conclusion, the entire contract and the professional\u2013consumer relationship.<\/p>\n

When the law applies to abusive clauses<\/h2>\n

The regime in Law No. 193\/2000 applies to contracts concluded between a professional and a consumer, that is, a natural person acting outside their professional or commercial activity. It does not automatically apply to a contract between two companies or between professionals; in such relationships, other rules of the Civil Code and special legislation may be relevant.<\/p>\n

A clause is presumed to be negotiated directly when it was drafted in advance, and the consumer could not influence its content. If the professional claims that a standard clause was negotiated, the law requires them to prove that the negotiation took place. The fact that an element of the contract was discussed does not mean that all the other standard provisions were negotiated.<\/p>\n

Examples that deserve to be checked<\/h2>\n