How to avoid abusive clauses in a contract?

Short answer

1. 1Go to 4mycontracts.net and select the appropriate contract type.
2. 2Fill in the template fields and check each clause against the list in the annex to Law 193/2000.
3. 3Mark the clauses that create an imbalance and reword them in a balanced way.
4. 4If you negotiate, propose changes on blocks of text and compare versions.
5. 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.