THE EUROPEAN COURT OF JUSTICE JURISPRUDENCE IN ÁRPÁD KÁSLER VS. OTP CASE AND ITS INTERPRETATION IN THE JURISPRUDENCE OF NATIONAL COURTS

Authors

  • Mircea GROZAVU MA Graduate of European Law, Stefan cel Mare University, Suceava.

DOI:

https://doi.org/10.18662/eljpa/2016.0301.07

Keywords:

Abusive clause, bank loan, currency of credit, contractual negotiations, judicial control.

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 fulfil 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.

References

National Bank of Romania financial stability report for 2011, www.bnr.ro/files/d/Pubs_en

European Commission - Country Report Romania 2015 including an in-depth review on the prevention and correction of macroeconomic imbalances, ec.europa.eu/europe2020/pdf

Corneliu Barsan, Principiul nominalismului monetar si impreviziunea in contractul de imprumut de consumatie avand ca obiect o suma de bani: o asociere ireconciliabila?, accesat pe http://www.juridice.ro/362877

Liana-Teodora Pascariu, An analysis of the effects the directive produce to internal jurisprudence, in European Journal of Law and Public Administration, 2015

Pascariu Liana Teodora, The implication of transposing of European directives regarding the improvement of the effectiveness of review procedures concerning the award of public contract, International Conference: CKS - Challenges of the Knowledge Soc; 2011, indexat EBSCO, 2012

Judecatoria Radauti, Sentinta 3653/2014, Judecatoria Barlad, Sentinta 2948/2014, Tribunalul Suceava, Sectia a II-a Civila, Decizia nr. 247/25.11.2015

Tribunalul Botosani, Sectia a II-a Civila. de Contencios Administrativ si Fiscal, Decizia nr. 621/12.04.2016

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Published

2016-08-30

How to Cite

GROZAVU, M. (2016). THE EUROPEAN COURT OF JUSTICE JURISPRUDENCE IN ÁRPÁD KÁSLER VS. OTP CASE AND ITS INTERPRETATION IN THE JURISPRUDENCE OF NATIONAL COURTS. European Journal of Law and Public Administration, 3(1), 61-67. https://doi.org/10.18662/eljpa/2016.0301.07

Section

Articles

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Copyright (c) 2016 Mircea GROZAVU

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