CONSIDERATIONS ON THE NATIONAL CASE LAW REGARDING THE CONTROL OF ABUSIVE CLAUSES IN THE MATTER OF CREDIT LOAN REPAYMENT
CONSIDERATIONS ON THE NATIONAL CASE LAW REGARDING THE CONTROL OF ABUSIVE CLAUSES IN THE MATTER OF CREDIT LOAN REPAYMENT
Author(s): Mircea GROZAVUSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Lumen, Asociatia Lumen
Keywords: abusive clause; bank loan; currency of credit; contractual negotiations; judicial control
Summary/Abstract: The issue of abusive clauses referring to the repayment in the currency of the long term bank loan, on the grounds of the obligation of the parties to fulfill exactly the undertaken obligations, created a case-law that is rich in contradictions.This state of affairs brings up the selected subject as one with a significant potential for scientific research. The present article replies with a summarized study on the main court rulings that created the existing contradictions at the Romanian and European Union level of case-law concerning the protection of the consumer’s rights. The analysis of the mentioned rulings will be realized from the standpoint of the existing normative regulations and also form the standpoints of the law and economics doctrine, with the main purpose to bring clarity in a field that is mainly speculative in the present time.
Journal: European Journal of Law and Public Administration
- Issue Year: 3/2016
- Issue No: 2
- Page Range: 19-26
- Page Count: 8
- Language: English