NEGOTIATED, MIXED AND STANDARD FORM CONTRACTS. A PROPOSAL FOR A NEW CLASSIFICATION OF CONTRACTS

Abstract

If negotiation is considered the current manner in which contracts are concluded thereby making negotiated contracts the norm, non-negotiated terms included in contracts are an unavoidable part of everyday legal operations. Although the importance of this phenomenon in the private-law landscape has been recognized by the Romanian Civil Code through several provisions, those provisions do not address non-negotiated contracts as a whole but specific issues of non-negotiated contractual terms included in any type of contract. Firstly, with the support of the legal doctrine this article intends to examine those specific provisions of the Romanian Civil Code addressing both negotiation as a pre-contractual phase and non-negotiated contractual terms along with the particular provisions provided in the secondary legislation such as Law No. 193 of 6th of November 2000 regarding abusive terms in contracts concluded between professionals and consumers. Secondly, through this overview, the article proposes to identify the outlines of different types of contracts determined by the various degrees of non-negotiated terms in their design.