UNFAIR TERMS IN CONSUMER CONTRACTS

Abstract

This paper examines the legal framework governing unfair terms in
consumer contracts, focusing on Romanian legislation and CJEU case law. It analyzes the core
criteria lack of negotiation, significant imbalance, and breach of good faith an d emphasizes
the courts’ duty to assess such clauses ex officio. The study also addresses the growing risks
posed by digital contracts (e.g., click wrap, browse wrap), where consumer consent is often
illusory. It argues for a contextual and proactive legal interpretation to ensure genuine
contractual fairness and effective consumer protection.