Clauze privind răspunderea. Anunțuri de limitare a răspunderii
Liability clauses. Ads on limitation of liability

Summary/Abstract: The provisions of art. 1203 and those of art. 1356 of the Civil Code are not antithetical, and they are perfectly compatible at the intersection points, respectively for the hypothesis of the contracts that contain standard clauses doubled by the conclusion of an instrumentum, and in the case of unnegotiated contracts concluded by simple agreement of parties the ads regarding the exclusion or the limitation of liability is a guarantee of the party in a lower position and thus a counterpart of the hypothesis described by the provisions of art. 1203, while the limitation operates only if it was actually known by the injured person, this interpretation being in full accordance with the principle to which the Actus interpreted as being potius ut valeat quam ut pereat.

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