DISCUȚII CU REFERIRE LA CLAUZELE ABUZIVE ÎN CONTRACTELE NEGOCIATE, CU PRIVIRE SPECIALĂ ASUPRA CLAUZEI PENALE ABUZIVE

In negotiated contracts where parties have established clauses by mutual agreement so-called „abusive clauses” may exist. The abusive character of such clauses may be invoked in negotiated contracts on the ground that one party is always stronger than the other. The penal clause in negotiated contracts may be considered abusive if penalties are excessively high in relation to the extent of the damage or with regard to the value of the delivery. This study examines abusive clauses and abusive penal clauses in exclusive distribution contracts, in leasing contracts and in administrative contracts.