Abusive clauses in contracts: learn how they can affect your rights and what legal remedies are available if you are a consumer💡

What are abusive clauses?

According to Law no. 193/2000, an abusive clause is a contractual provision that creates a significant imbalance between the rights and obligations of the parties, to the detriment of the consumer, and which has not been individually negotiated.

These rules apply only to contracts between professionals and consumers, not between two individuals or between two companies.

Common examples of abusive clauses:

• Disproportionate penalties imposed solely on the consumer;
• Inability to terminate the contract without high penalties;
• The professional’s unilateral right to modify prices or terms;
• Limitation or exclusion of the professional’s liability;
• Automatic renewal of the contract without explicit consent.

What should you check before signing?

• Carefully read clauses written in small print;
• Compare offers from multiple providers;
• Request written explanations – you have this right;
• Do not sign immediately – ask for time to review.

How to identify an abusive clause

• You were not able to negotiate the terms;
• The clause benefits only the provider;
• The provision is unclear or ambiguous;
• It restricts your essential legal rights (e.g., termination, warranty).

Important: A mere imbalance is not sufficient, but the context and impact on the consumer`s rights must also be analyzed.

What legal remedies are available?

If you have signed a contract containing abusive clauses, you may:

• Request the annulment of the abusive clauses in court;
• File a complaint with the National Authority for Consumer Protection;
• Send a written notice to the professional regarding the enforcement of the abusive clause;
• Seek legal advice and initiate legal proceedings if you are the affected party.

Not all contractual clauses are lawful, even if you signed the contract, you still have options. If you suspect that you are the victim of an abusive clause, our team of attorneys can assist you and provide a personalized legal assessment.