The “contract de prestari servicii” is a type of contract that is recognized under the new Civil Code in Romania. This agreement is also known as a contract for services or a service agreement, and it outlines the terms and conditions of a service that one party provides to another.
The new Civil Code, which came into effect in October 2011, replaced the old code that had been in place since 1864. The new code aims to modernize and simplify the legal framework in Romania and bring it in line with European standards.
Under the new code, a contract for services is defined as an agreement in which one party (the service provider) undertakes to provide a service to another party (the client), in exchange for payment. The service can be anything from consultancy, training, or technical support, to repair or maintenance.
The contract must contain certain essential elements, including a description of the service to be provided, the duration of the service, the price and payment terms, and the responsibilities of each party. The agreement must also confirm that the service provider is qualified and authorized to provide the service.
One of the key changes under the new Civil Code is the introduction of a duty of good faith and fair dealing in all contracts. This means that both parties must act honestly and fairly towards each other and that they must not take advantage of the other party`s vulnerability or ignorance.
Another important change is the introduction of an obligation to provide full information about the service that is being provided. This means that the service provider must disclose any potential risks or drawbacks associated with the service, as well as any limitations or restrictions that may apply.
Furthermore, the new Civil Code establishes a “right of withdrawal” for clients who have entered into a contract for services. This means that the client has the right to cancel the contract within 14 days of signing it, without having to provide any reason or pay any penalty.
In conclusion, the contract for services under the new Civil Code in Romania sets out the terms and conditions of a service that one party provides to another. With the introduction of a duty of good faith and fair dealing, a duty to provide full information, and a right of withdrawal for clients, this contract aims to ensure that both parties are protected and treated fairly.
