If we refer to the Civil Code, nowhere do we find the term “consumer contract.” It appears to be one of those special forms not directly regulated by the Code’s provisions but which nevertheless find their basis therein. In fact, the consumer contract simultaneously responds to many of those contractual forms, since it is a category that encompasses different types of contracts regulating numerous relationships between subjects that share common characteristics. It is precisely the parties that give meaning to the consumer contract.

Thus, in this relationship, on one side stands the consumer, who is every person that buys goods or uses goods or services to satisfy personal needs, for purposes not connected with commercial activity or the exercise of a profession. The same meaning for “consumer” is given in Law No. 9902, dated 17.4.2008 “On Consumer Protection,” where it is emphasized that, for its purposes, a consumer is considered not only the individual but also non-profit organizations. Therefore, we are all consumers whenever we seek to buy a good or service to meet our personal needs, excluding the possibility that a legal person established for the development of commercial activity could be considered a consumer when purchasing goods or services.

Opposite the consumer stands the trader, the person who, within the framework of commercial activity, offers the goods or services requested by the consumer. This may be a producer, supplier, or seller, depending on the nature of the good or service and the manner of offering. According to Law No. 9902, dated 17.4.2008 “On Consumer Protection,” a “trader” is any natural or legal person who acts for purposes related to his economic activity, trade, business, craft, or profession, as well as anyone acting on behalf of or in the interest of the trader.

From the above, we can identify some of the main characteristics of the consumer contract:

·        It is a bilateral legal act;

·        It is a contract concluded between a consumer, who enters into this relationship not to pursue commercial interests, and a trader acting in the context of his commercial activity;

·        The object of the contract may be any good or service serving the satisfaction of the consumer’s personal interests, provided it meets the conditions to be part of civil circulation;

·        The form of the contract depends on the good or service offered. Since any product may be offered under a consumer contract, the form will depend on its nature and the requirements of other applicable laws.

Special attention within consumer contracts is given to the standard contract, which is widely used in the market of goods and services as it facilitates the commercial transaction and may favor the consumer. On the other hand, however, the terms that define rights and obligations are not negotiated individually, as they are pre-set in the essential conditions.

The guarantees given by consumer law are initially found in the Civil Code, which recognizes the liability of the producer and trader for defective products or those causing harm to the buyer. The liability foreseen in the Civil Code is also specifically defined in particular types of contracts. Furthermore, Articles 635 and following of the Civil Code provide for liability for misleading advertising, considered as fault-based liability. In all these cases, the injured party has the right to address the court to seek compensation for damages caused. From the formulation of these provisions, it is clear that the Civil Code, although containing general rules, offers substantial protection to the consumer, as it presumes the producer’s liability and places on him the burden of proving absence of fault or establishing cases of shared liability.