Pre-contractual obligation of information and advice
2022
Tălămbuță, A.
The conclusion and development of the consumer contract are characterized by specific mechanisms imposed by the legislator, such as: the pre-contractual obligation to inform, unilateral termination, abusive clauses, etc. The formation of the consumer contract changed the classic conception of the meeting between supply and acceptance. Thus, a transition period was imposed between the moment of issuing the offer of the professional and the moment of expressing the will to accept (consent) of the consumer. The main feature of the obligations in this matter (based more on the idea of "contractual justice" than on the presumed will of the parties) is that the pre-contract is imposed, by public policy, and not by the will of the parties expressed by the contract, so conventional removal. In the application of the three directions above we mention: the obligation of information, the obligation of counseling and the obligation of security. The conclusion of the contract implies the expression of an untainted and free consent from the future contractors. In order to decide on the conclusion of the contract, each party must know all the circumstances surrounding this act.
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