Practical guide
How to avoid abusive clauses in a contract?
Short answer
- 1Go to 4mycontracts.net and select the appropriate contract type.
- 2Fill in the template fields and check each clause against the list in the annex to Law 193/2000.
- 3Mark the clauses that create an imbalance and reword them in a balanced way.
- 4If you negotiate, propose changes on blocks of text and compare versions.
- 5Send for electronic signature and archive the contract in your account.
What the law says
- Romanian Civil Code art. 1202-1210 — abusive clauses in adhesion contracts are null by law.
- Law 193/2000 on abusive clauses in consumer contracts (transposes Directive 93/13/CEE).
- Civil Code art. 1266-1269 — ambiguous clauses interpreted in favor of the debtor.
- eIDAS Regulation (EU) 910/2014 — qualified electronic signature has full legal value.
- Law 455/2001 on electronic signatures — applicable to B2B and B2C contracts in Romania.
Practical examples
- IT services contract with unilateral penalty clause of 2%/day with no maximum cap — detected and corrected.
- Commercial agency contract with geographically and temporally unlimited non-compete clause — null under Civil Code.
- Services contract with unilateral price modification clause without prior notice — flagged as abusive.
- Distribution contract with ambiguously worded exclusivity clause, no defined territory — reworded during negotiation.
Common mistakes
- Accepting a unilateral termination clause with no minimum 30-day notice period.
- Omitting an explicit force majeure definition — leaves the provider excessive interpretive latitude.
- Signing a contract without a liability limitation clause, exposing the company to unlimited damages.
- Including an auto-renewal clause with no clear unilateral termination right for the beneficiary.
How 4mycontracts helps
- Contract templates as a starting point, with clauses you adapt yourself.
- Block-level negotiation with version comparison between drafts.
- Change proposals on blocks of text, accepted or rejected during negotiation.
- Archive in your account, with the event history of each contract.
- Expiry radar in the panel: see the contracts that expire within 30 days.