Law on Unfair Terms in Consumer Contracts

In accordance with the provisions of Law No 256 is prohibited the inclusion by merchants of illegal terms in contracts concluded with consumers.

Also, any agreement must contain a clear and unambiguous contractual terms, the understanding of which does not require specialized knowledge.

If there is any doubt about the importance of the prevailing conditions, prevails most favorable to the consumer interpretation.

The condition of the agreement, not discussed individual with the consumer, is illegal, if by itself or together with other provisions of the contract in violation of the requirement of good faith causes a significant imbalance in the parties' rights and obligations arising under the agreement, to the detriment of the consumer.

Are considered unfair terms which have the object or effect of:

 a. exclusion or limitation of liability provided by law for the merchant in case of death or injury of consumer injury and / or damage to material property in result of an act or omission of the merchant;

 b. exclusion or limitation of rights under Consumer Law, to the merchant or to another party in the event of total or partial or improper performance of any of the contractual obligations by the merchant, including the option of offsetting a debt owed to merchant and any claim which the consumer may have against him;

 c. making an agreement binding on the consumer and the provision of services by the merchant depends by a condition whose realization depends only on merchants own will;

 d. allowing the merchant to retain sums paid by the consumer where the latter decides not to conclude or not to execute the contract, without providing for the consumer compensation of an amount at least equal by the merchant if the consumer is a party, canceled or, where applicable, terminates the contract

 e. requiring any consumer who fails to fulfill his obligation to pay as compensation an amount disproportionate to the harm caused by failing to honor contractual obligations;

 f. providing merchant the right to cancel or, as appropriate, in its sole discretion to terminate the contract, while the consumer is not given the same opportunity, or allowing the merchant to retain sums paid for goods / services that have not yet been provided / rendered by him, if the merchant himself terminates the contract;

 g. providing merchant the possibility to terminate the contract of indeterminate duration without reasonable notice in written, unless there are reasonable grounds to do so;


 

Law on Amendment and supplementation of the Code of Administrative Offences of the Republic of Moldova

By Law on Amendment and supplementation of the Code of Administrative Offences of the Republic of Moldova no. 208 as of 17.11.2016 (which will come into force on 16.03.2017) was modified a fine amount of conventional unit, so that, from the date of 16.03.2017 a conventional unit will be equal to 50 lei, which will cause the essential change of imposed fine amount.

The Provisions of the Approval on Obligations, which are Offered by Enterprises

In accordance with the Decision of the Plenum of the Competition Council No.2of January 22, 2015, the Competition Council approved the "Provisions of the approval on obligations, which are offered by enterprises."



Under the clause c) of paragraph (1) of Article 41 and paragraph f) (6) of Article 46 of the Competition Law No.183 of July 11, 2012, in order to implement the Commission Communication on the corrective measures, that are acceptable under Council Regulation (EU) No. 139/2004, and on the basis of Council Regulation (EU) No. 802/2004 (2008 / C 267/01), published in the Official Journal of the European Union C-267/1 of October 22, 2008, the Plenum of the Competition Council approved the Provisions of the approval on obligations, which are offered by enterprises.

Regulation of Electronic Documents Management

Parliament of the Republic of Moldova adopted the Law on electronic signature and electronic document. The law establishes the legal status of electronic signatures and electronic documents, including the basic requirements for their validity and for certification services. (Law on Electronic Signature and Electronic Document №91 from 29.05.2014).

Changes and Additions to the Law on Internal Trade

The Parliament of the Republic of Moldova adopted the laws, which introduce changes and additions to the article 8 of the Law on internal trade No. 231 as of 23.09.2010. (Law No. 41 as of 21.03.2013 on introducing some legislative acts and Law No. 42 as of 21.03.2013 on introducing changes and additions to the article 8 of the Law on internal trade No. 231 as of 23.09.2010).

Law on State Control over Business Activity

As of first March 2013 comes into force the Law on State control of business activity.(The Law of the Parliament of the Republic of Moldova No. 131 as of 08.06.2012 on State control of business activity).

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