Loan Contracts approved in CHF are(are not) void Cover Image

Ugovori o kreditu odobrenom u CHF (ni)su ništetni
Loan Contracts approved in CHF are(are not) void

Author(s): Stjepo Pranjić
Subject(s): Economy, Law on Economics
Published by: Akademija Nauka i Umjetnosti Bosne i Hercegovine
Keywords: foreign currency loan; currency legislation; indexed to the CHF; switchable interest rate; a currency board;

Summary/Abstract: Approval of loans in CHF and placement and charging in KM is contrary to currency legislation. The concerned loans agreements in CHF were disputed by the loans users for the infringement of provisions regarding imperative regulations as well as regulations by the Agency for Banking, internal acts and actions of banks. Contrary to imperative provisions of the law and regulations, the banks were illegally approving currency loans in CHF to natural persons, they defined one way exchange clauses in CHF and clauses on variable inter¬est rate which is illicit in adhesive Contracts on loans in CHF (undefined and undeterminable interest margin, currency for libor was undefined , collection of loans was performed in annuities instead of agreed installments, placement of loans in KM was based on buying exchange rate in CHF, and regression according to selling exchange rate valid for the moment of due time of install-ment to be collected, charging and fees for loan processing and inercalary rate, etc.) which per se produce civil sanction of futility of contract on loan in CHF.

  • Issue Year: 2014
  • Issue No: 01+02
  • Page Range: 84-113
  • Page Count: 30
  • Language: Bosnian