Clauzele de accelerare a creditului, între conformare şi oportunism
Credit acceleration clauses, between compliance and opportunism

Summary/Abstract: The credit agreement cannot be based exclusively on the borrower’s legal commitment. This is usually the case, as creditors are trying to secure their claim, inter alia, by establishing credit acceleration clauses, the general legal framework being insufficient. Usually, there are reasonable economic reasons behind these contractual provisions. However, the tendency of creditors to use standards of conduct, not just rules, leads to the use of over-inclusive formulations. This practice gives the lender greater control over the borrower, but can also lead to undesirable behavior on the part of the borrower, which can make erroneous assessments of the content of the ambiguous clause. With regard to the creditor’s conduct, the lender may adopt alternative decisions.

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