Să se revizuiască, primesc; dar… Despre revizuire în context substanțial
To revise...but... On revision in the substantive context

Summary/Abstract: The specific remedies proposed in Art. 8 para. (2) of the Act No. 243/2024 on Consumer Protection on the total cost of credit and assignment of receivables ("Interest Capping Act" or "LPD") are rather specific to a situation of unforeseeability, i.e. a situation where the consumer proves that changing facts had occurred which no longer allows him to perform the (valid) contract as concluded. Therefore, the consumer does not have direct access to those remedies for the simple reason that his (original) contract contained costs which are (subsequently) declared excessive by the law. Therefore, in view of the defective drafting technique of the normative hypotheses in art. 8 of the LPD, we consider that it will be up to the courts seized under para. (3) of that provision must strike the right balance between the remedies available to a consumer depending on the time at which the contract was concluded, the creditor's proposal for revision and the consumer's specific situation.

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