Determinarea calității de consumator a persoanei fizice care contractează împrumuturi bancare. Analiza succintă a jurisprudenței în materie
Determining the natural person consumer status in relation with bank loans contracts. Brief analysis of the jurisprudence in the matter

Summary/Abstract: Council Directive 93/13/a of April 5, 1993 of unfair terms in consumer contracts, transposed into national legislation by Law no. 193/2000 on unfair terms in contracts concluded between merchants and consumers, constitutes the legal basis for numerous disputes between individuals and banks, through which the abusive character of some clauses in loan contracts is claimed. One of the defenses invoked by credit institutions to exclude the application of Law no. 193/2000 is the borrower's lack of consumer status, motivated by the fact that the amount borrowed was intended for a professional or commercial activity and was not used for personal needs of the natural person. In the present study, we propose to analyze the conditions that the natural person must fulfill in order to be considered a consumer and be able to benefit from the provisions of consumer protection, analyzing both the jurisprudence of the ECJ and the jurisprudence of national courts.

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