CONSIDERATIONS ON THE REESTABLISHMENT OF THE BALANCE BETWEEN THE PARTIES OF A CREDIT AGREEMENT
DOI:
https://doi.org/10.18662/eljpa.2014.0102.07Keywords:
Abusive clauses, credit agreement, balance of contract, reestablishment, imprevision.Abstract
The matter of unfair terms in credit agreements raised a number of disputes related to the qualification of this particular type of contract in the category of synalagmatic legal instruments or that of membership agreements. The jurisprudence currently in force, founded on the new legislation, admitted — in a significant percentage — the actions promoted by the debtors, aiming at reestablishing the balance between the parties of the credit agreement. Surprisingly, even after the entrance into force of the GEO 50/2010, regarding the credit agreement for consumers, the banks continued to stipulate disconform provisions. In what regards the business credit agreement, although this kind of contract did not benefit from a special law, the situation of the debtor suffered a reevaluation by means of the imprevision regulation. The current research addresses to an objective and equidistant analysis of the proposed matter.References
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