Clauzele abuzive conform Codului civil al Republicii Moldova

Abstract

The new law of unfair terms contained in the modernized Moldovan Civil Code is more uniform across all types of contracts and more coherent, it protects contracting parties that adhere to the standard terms imposed in various scenarios of asymmetrical bargaining power. And although this regime was devised as a way to protect consumers against terms that they neither read nor understand fully, it incidentally protects businesses that have weaker bargaining power as well. While the Moldovan Civil Code did rely on the model rules contained in the Draft Common Frame of Framework (DCFR), it nonetheless took the less invasive German approach of not submitting to the test of unfairness all terms contained in business-to-business or non-business and non-consumer contracts, but only those contained in the exhaustive list laid down in art. 1077 of the code.