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SOME CONSIDERATIONS RELATING TO THE UNFAIR TERMS WITHIN THE BANK CONTRACTS IN REGULATING OF THE LAW NO. 193/2000

Keywords: credit institution , consumer , unfair term , bank contract , professionals

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Abstract:

In this study, we intend to make a brief analysis of some issues relating to the unfair terms within the contracts concluded in the banking activity by the credit institutions with the consumers. The contracts concluded by the credit institutions with the consumers are contracts containing pre-formulated standard terms, meaning that they are set out prior to the conclusion of the contract and submitted to the consumer, substantially reducing the possibility to negotiate them. On the other hand, due to the highly technical nature of the banking regulations and the terminology used by them, in the bank contracts there are several terms for whose understanding the consumer needs specialized knowledge. Precisely for this reason, the legislator regulates a number of conditions relating to the negotiation and conclusion of the contracts between the professionals and the consumers, as well as the identification and finding of the unfair terms within the contracts. At the same time, in the content of the bank contracts may also be identified certain terms that are part of the examples listed in the Appendix to the Law no. 193/2000.

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