Principiul echilibrului contractual în noul Cod Civil si în dreptul consumului

The coming into effect of the new Civil Code meant, among others, the changing of the contractual paradigm based on the principle of autonomy of will. The principle of the contractual balance is the new coordinator of the life of the contract and its conceptual tools are lesion - as vice of consent - and unpredictability. Both institutions are designed to ensure harmony of the content of the contract: the first one, in the initial moment, of its ending; the second one, during the contract, if external factors would intervene to alter its balance. The study that we propose has the ambition to show that lesion and unpredictability were used to moralising and balancing the relations between counterparties in some consumerist laws before being included in the common law. Thus we identify lesion as a way of expressing significant imbalance between benefits, in the regulations of Law no. 193/ 2000 on unfair terms in contracts concluded between traders and customers. Thus, we identify the contractual rebalancing mechanism such as unpredictability, for instance in the Government Ordinance no. 107/1999 on the sale of travel packages. Of course, there is no perfect identity between these notions in the common law and in the special laws of consumption. The technical instruments through which these concepts become viable in the two legal spheres are different. That's why we mentioned the conceptual similarities which were analyzed only as tangents. [PUBLICATION ABSTRACT]