ro fr
universul juridic magazin
Revista Română de Drept Privat

Collective actions for the elimination of unfair terms from the standard consumer contracts. Cui prodest?

The paper analyses the impact of the new collective actions for elimination of unfair terms from consumer contracts, with regard to the character, the limits and the effects of the judicial intervention. The abandonment of the judicial redistributive adaptation of contract in favour of the curative elimination of unfair terms from the contract, the creation of a new type of preventive abstract control of the standard contract models, as well as the erga omnes effects of the judgments issued in collective actions change the paradigm of the judicial instruments for correcting unfair terms contracts. The problems that the regulation of collective actions may originate require a legislative intervention for optimizing the new judicial mechanisms.