Few days after the Fiscal Decree No 148/2017 came into force, the Parliament has amended the provisions on fair compensation in contracts involving professionals and public administrations, banks, insurance companies and companies that are not qualified as microenterprises or SMEs at the Budget Law 2018.
Through this amendment on 27th December 2017, the Parliament has modified the provisions on fair compensation, in particular, the quantification of the fees, the identification of the type of unfair terms in a professional contract, and the limitation period of raising the claim that such clauses are void.
In regards to the quantification of the fees, it is now recognized that the professional compensation shall be in compliance with the parameters expressed in the Ministerial Decree No. 55/2014, which regulates the determination of professional fees in the context of litigation.
Further, in the contractual terms, the new legislation has enlisted a list of clauses whereby such clauses will be presumed to be unfair even when it was agreed upon in the professional contracts through specific negotiations and consent obtained from the weaker party.
The new amendments also include the abolishment of the time period of raising such claim from the initial limitation period of 24 months from the signing of the contract. Thus, there is no longer limitation period to raise such claim where the clauses are void.
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