Contestaţia la executare având ca obiect clauzele abuzive în lumina Legii nr. 243/2024 privind protecţia consumatorilor cu privire la costul total al creditării şi la cesiunea de creanţe
Appeal against enforcement based on unfair terms in light of Law no. 243/2024 on consumer protection regarding the total cost of credit and the assignment of claims

Summary/Abstract: This commentary aims to analyze the extent to which the enforcement court hearing an appeal against enforcement seeking a declaration of unfair terms may intervene in credit agreements concluded between consumers and non bank financial institutions granting credit under Law No. 93/2009 on non bank financial institutions, even in the absence of the application of the provisions of Law No. 243/2024 on consumer protection regarding the total cost of credit and the assignment of claims. Thus, we found that recent solutions encountered in judicial practice regarding credit agreements concluded by consumers with a non bank financial institution have given rise to inconsistent judicial practice, giving rise to diverse and sometimes contradictory interpretations.

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