Manifestarea conştientă la momentul încheierii contractului – un nou deziderat
Conscious attitude at the time of conclusion of the contract a new desire

Summary/Abstract: Interest, directed through affective states, can focus attention in the direction indicated by affect, which in turn focuses consciousness on the elements of interest, reaching the point of focusing consciousness according to affective states, strongly characterized by subjectivism and, for this reason, easy to manipulate. Bringing this conclusion into the legal reality, we note that the legislator, when analyzing standard contracts (the domestic one) or contracts containing non-negotiated clauses (the drafter of normative acts or compendiums of rules), considered that adherence to such a contractual structure could be the result of a steering of the interest by a strong guidance of the affective, since the adhering party understands to assume a set of contractual rules made up exclusively by his co-contractor. In this context, it has been necessary to adapt the legal mechanisms and the tendency has emerged to establish a set of rules to combat non-negotiated individual clauses, as an effective way of counteracting abuse of power by removing the levers for its implementation.

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