NOVAȚIA CA REMEDIU ÎMPOTRIVA CLAUZELOR ABUZIVE DIN CONTRACTELE DE CREDIT BANCAR
NOVATION AS A REMEDY AGAINST ABUSIVE CLAUSES OF BANK CREDIT CONTRACTS

Summary/Abstract: The purpose of this article is to research the possibility of the legal institution applying the novation regarding the abusive clauses in the bank credit contracts to save the bank contract in cases where the declaration of the abusive nature of the essential clauses could lead to the total ineffectiveness of the credit contract. Also, through this article, we propose to research whether or not, in relation to the rules applicable to novation, there are impediments to the novation of obligations stemming from abusive clauses, under the conditions in which they are considered null and void and whether there is a possibility that the initiation of steps to achieve the novation may not have a freely consenting character.

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