MoldovaCivil Code, Contract Formation and Terms Not Individually Negotiated
In force since .
A contract terms of service (ToS) rule binding public and private bodies.
- Obligation class
- Contract terms
- Audit expectation
- none
What it requires
- Rely against the other party on a term that was not individually negotiated only if the other party knew the term, or you took reasonable measures to draw the other party's attention to it when the contract was made or before (art. 1070(1)).
- When the contract is concluded by electronic means, make the terms that were not individually negotiated available to the other party in textual form, because without that you cannot rely on them (art. 1070(2)).
- Draft and communicate terms that were not individually negotiated in clear, intelligible language and make them legible, footnotes and cross-references included (art. 1071(1)).
- Do not treat silence or inaction as acceptance of an offer unless the law, the practice established between the parties or usage provides otherwise (art. 1042(1)).
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Articles 1035, 1042 and 1069 to 1071 set when an offer is accepted and when terms that were not individually negotiated can be relied on. They impose no duty to create, keep, produce or review a log or record.
- Kind
- None
- As of
What this law does
Article 1070(1) lets a party rely against the other party on terms that were not individually negotiated only if the other party knew them, or the party that proposed them took reasonable measures to draw the other party's attention to them when the contract was made or before. Article 1070(2) adds that, where a contract is concluded by electronic means, the party proposing such terms can rely on them against the other party only if it made them available to the other party in textual form.
Article 1070(3) provides that a consumer is not treated as having had sufficient attention drawn to terms merely because the contract document refers to them, even if the consumer accepted the text. Article 1069(6) defines a standard term as a term drawn up in advance for a multitude of contracts involving different parties and not individually negotiated.
Article 1071(1) requires the person presenting terms that were not individually negotiated to ensure they are drafted and communicated in clear, intelligible language and are legible. Article 1035(1) treats as acceptance the offeree's declaration or another action that attests consent to the offer. Article 1042(1) provides that silence and inaction are not acceptance unless the law, the practice established between the parties or usage provides otherwise.
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