CONSIDERATIONS ON THE NATIONAL CASE LAW REGARDING THE CONTROL OF ABUSIVE CLAUSES IN THE MATTER OF CREDIT LOAN REPAYMENT

Authors

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

DOI:

https://doi.org/10.18662/eljpa/2016.0302.02

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 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.

References

Libchaber R., Recherches sur la monnaie en droit prive, Paris, 1992, apud. C. Barsan, ttps://www.juridice.ro/362877/principiul-nominalismului-monetar-si-impreviziunea-in-contractul-de-imprumut-de-consumatie-avand-ca-obiect-o-suma-de-bani-o-asociere-ireconciliabila.html

Titirisca Cristina, Dumitrescu Marieta-Valerica, Pascariu Liana- Teodora, Drepturile si libertatile fundamentale in jurisprudenta Curtii de Justitie a Uniunii Europene, Editura Hamangiu, 2010.

Pascariu Liana-Teodora, An analysis of the effects the directive produce to internal jurisprudence, (European Journal of Law and Public Administration), 2/2015.

Pop L., Tratat elementar de drept civil. Obligatiile, Universul Juridic

http://curia.europa.eu/juris/document/document.jsf?docid=151524&doclang=RO, Bucuresti, 2012.

http://www.bnro.ro/Raspunsurile-directiilor-de-specialitate-din-BNR-11972.aspx

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Published

2016-08-30

How to Cite

GROZAVU, M. (2016). CONSIDERATIONS ON THE NATIONAL CASE LAW REGARDING THE CONTROL OF ABUSIVE CLAUSES IN THE MATTER OF CREDIT LOAN REPAYMENT. European Journal of Law and Public Administration, 3(2), 19-26. https://doi.org/10.18662/eljpa/2016.0302.02

Section

Articles

License

Copyright (c) 2016 Mircea GROZAVU

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