Clauza, elementul, contractul. Câteva interogaţii despre construcţia şi calitatea contractului din perspectiva standardizării
The clause, the term, and the contract. Some questions on the construction and quality of contracts from the perspective of standard forms

Summary/Abstract: Contemporary economies may not be imagined in the absence of standard form contracts, concluded by the adhesion of the customer to the professional’s offer. This undeniable reality forces private law scholars to study the contract as product and the modularity of its terms, as well as the relationship between core terms and ancillary terms in contracts. At the same time, the analysis must focus on the structural and functional relations between contractual clauses, contractual terms (elements) and the contract in its entirety, because, from an economic point of view, these aspects are of extraordinary relevance for the functions of contract law in a market economy. Therefore, from a legal perspective, the study of markets is, alongside with the study of property, no more than the study of contracts. It is the merit of the economic analysis of law to have emphasized this reality and to have brought it to the center of the interdisciplinary approach to private law, thus contributing to a debate which, however formal it may appear, focuses on the substance of fundamental concepts. Centered on standard form contracts, the following paper studies the relation (i) between contractual clauses and contracts, (ii) contractual clauses and contractual terms (elements), (iii) the standardization of contracts and their conclusion by adhesion, and (iv) the standard form contract and the (derived) object of contractual obligations.

• Details
• Contents