Considerații pe marginea posibilității adaptării unui contract de credit, prin intervenția instanței, în lumina dispozițiilor Legii nr. 77/2016 și jurisprudenței Curții Constituționale
Considerations about the possibility of adapting a credit contract, through the intervention of the court, in the light of the provisions of the Law No 77/2016 and of the case law of the Constitutional Court

Summary/Abstract: The Law No 77/2016 on the datio in solutum of some real estate in order to settle the obligations assumed through credits, amended by the Law No 52/2020, establishes the priority of balancing and continuing the credit contract to the detriment of the cessation of its effects. The present study aims to analyze a few aspects regarding this imperative of the legislator from the perspective of the decisions of the Constitutional Court, in the hypotheses where the consumer either exclusively requests the adaptation of the contract, or the direct datio in solutum of the building. The constitutional case law reveals the evolution of the criteria regarding unpredictability. The problems of the study include elements of practice of the courts, regarding the relationship between the adaptation of the contract and the principle of availability, the application of law in time, effective ways of contractual rebalancing and of sharing the coverage of the contract risk.

• Details
• Contents