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Competenţa specială în materia contractelor cu consumatorii: Studiu de caz
The special jurisdiction over consumer contracts: a case study
[journal article]
Abstract The jurisdiction regulation applicable in the EU Member States has the vocation to
govern all civil and commercial legal matters, in the absence of express limitations provided in
its content. In addition to the general rule establishing the jurisdiction to settle a specific case
with internation... view more
The jurisdiction regulation applicable in the EU Member States has the vocation to
govern all civil and commercial legal matters, in the absence of express limitations provided in
its content. In addition to the general rule establishing the jurisdiction to settle a specific case
with internationality elements in favor of the courts of the defendant's domicile, the
Regulation also sets out a number of other special provisions, including, among others,
litigation arising out of consumer contracts. Special rules of jurisdiction have been set out in
this matter, in order to protect the consumer, who is considered the weaker part of the contract
from an economic and informational point of view. Exceptions to these special jurisdictional
rules have been also provided, given the significantly closer balance found in certain contracts
between the rights and obligations of the signatory parties, professional (economic operator)
and consumer.
This article aims to address the issue of the derogation from the special rules of
competence established in favor of consumers and, in particular, the interplay between these
derogations and the Directive on unfair terms in consumer contracts.... view less
Classification
Law
Free Keywords
Regulation no. 1215/2012; consumers; special competence; derogating rules; abusive clauses; attributive competence clause
Document language
Romanian, Moldavian, Moldovan
Publication Year
2020
Page/Pages
p. 4-17
Journal
Revista EuRoQuod (2020) 4
ISSN
2559-3641
Status
Published Version; peer reviewed