12. Contract de credit bancar. Stabilirea ratei dobânzii curente prin hotărâre judecătorească, în situația eșuării negocierilor dintre părți
12. Bank credit agreement. Determination of the current interest rate by court decision, in the event of failure of negotiations between the parties

Summary/Abstract: The bank credit agreement is a contract for valuable consideration, in which each of the parties has interdependent and correlative obligations: the bank's obligation to make the borrowed amount available to the client corresponds to the client's correlative obligation to pay the cost of the credit, consisting mainly of interest. If the interest rate clause is found to be abusive, the bank is forced to resume negotiations regarding this component of the loan. In contrast, the consumer has no interest in negotiating, since he benefits from an interest free credit. However, when negotiations fail, it is up to the court to determine the extent of the interest due in exchange for the lack of use of the credit.

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