2020

DOI:https://www.doi.org/10.31178/AUBD.2020.07

Abstract:The new regulations on unfair terms contained in the Civil Code of the Republic of Moldova, updated on March 1, 2019, consolidate the previous regulations into a single, coherent framework that protects contracting parties in situations of asymmetric bargaining power. Although it was conceived as a system to protect consumers against terms they neither read nor fully understand, the concept of unfair terms already protects professionals with weak bargaining power as well. Even though the Civil Code of the Republic of Moldova is based on the model rules contained in the Draft Common Frame of Reference (DCFR), it has also adopted the less intrusive German approach of not subjecting all terms in contracts between professionals or in other non-consumer contracts to the unfairness test, but only those included in the exhaustive list set forth in Article 1077 of the Code.

Keywords:unfair terms, standard terms, consumer, business, adhesion contracts, B2C, B2B