IDEAS home Printed from https://ideas.repec.org/a/lum/rev4rl/v15y2020i3-4p30-42.html
   My bibliography  Save this article

The Legal Nature Of ”Pre-Contractul Obligations”:Conditions Of Validity In The Consumer Contract

Author

Listed:
  • Georgeta CRETU

    (Ph. D, University .”Ştefan cel Mare” of Suceava Faculty of Law and Administrative Sciences)

  • Camelia SPASICI

    (Ph. D., University of Bucharest, Faculty of Public Administration and Business)

Abstract

This paper aims to briefly analyze the legal nature of “the pre-contractual obligations” regarding the information, counselling and safety elements that are specific to the consumer legislation. From the perspective of consumerist regulations, “the pre-contractual obligations” occur during the formation of the contract stage although in the civil contract the obligations of the parties designate the effects of the contract. In these circumstances, the following question arises: are “the pre-contractual obligations” laid down in the Consumer Code conditions of validity or effects (obligations) of the contract? This dispute is a part of the harmonization process of the institutions that are specific to the legislation of consumption with those of the contract as laid down in the Civil Code (the ordinary law in the matter). The paper is structured in four parts: “Introduction”, “The Stages of the Civil Contract: the Conditions of Validity, Conclusion, Effects and Termination”, “The Pre-Contractual Obligations as Laid Down in the Consumer Code” and “The Legal Character of the Pre-Contractual Obligations.” This legal undertaking ends with conclusions.

Suggested Citation

  • Georgeta CRETU & Camelia SPASICI, 2020. "The Legal Nature Of ”Pre-Contractul Obligations”:Conditions Of Validity In The Consumer Contract," Jurnalul de Studii Juridice, Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi, vol. 15(3-4), pages 30-42, December.
    • Handle: RePEc:lum:rev4rl:v:15:y:2020:i:3-4:p:30-42
    DOI: https://doi.org/10.18662/jls/15.3-4/73
    as

    Download full text from publisher

    File URL: https://www.lumenpublishing.com/journals/index.php/jls/article/view/3905
    Download Restriction: no
    File URL: https://libkey.io/https://doi.org/10.18662/jls/15.3-4/73?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    More about this item

    Keywords

    Relevant Legislation: Civil Code art. 1166-1323; Law no. 296/2004 on the Consumer Code; Government’s Ordinance no. 21/1992 on consumer protection;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:lum:rev4rl:v:15:y:2020:i:3-4:p:30-42. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Antonio Sandu (email available below). General contact details of provider: https://jls.upa.ro/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.