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LUIZA-CRISTINA GAVRILESCU, Specific Requirements Of Banking Contracts Concluded With Consumers

Abstract: Due to the specific nature of the transactions forming their object, banking contracts impose complying with certain special conditions of validity, and their forming mechanism implies fulfillment of certain particular requirements. The reason of establishing specific validity requirements is the need to protect consumers from any possible abuse they could face as a result of signing adherence contracts with the bank. The specific conditions aim at ensuring a fair legal treatment for the parties, based on a balanced architecture of the contract. In the process of forming the contract, the bank has a significant role to play in informing and counseling customers, in order to enable them to give an informed consent. For this purpose, a certain informal formalism of the contract is required. At the same time, upon the conclusion of the contract, the bank must act with diligence and vigilance, ensuring the confidentiality of the information provided by the client.

Keywords: banking contracts, consumers, specific validity conditions, informing and counseling, prudence and vigilance


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