BRIEF HISTORY OF THE LEGISLATIVE PROCESS OF THE LAW NO. 77/2016 REGARDING THE PAYMENT OF OF REAL ESTATE IN ORDER TO SETTLE THE OBLIGATIONS ASSUMED THROUGH CREDITS AND THE INTERPRETATION AND APPLICATION PROBLEMS OF ITS PROVISIONS
BRIEF HISTORY OF THE LEGISLATIVE PROCESS OF THE LAW NO. 77/2016 REGARDING THE PAYMENT OF OF REAL ESTATE IN ORDER TO SETTLE THE OBLIGATIONS ASSUMED THROUGH CREDITS AND THE INTERPRETATION AND APPLICATION PROBLEMS OF ITS PROVISIONS

Summary/Abstract: The consequences of the financial crisis of 2008, especially the effects of the development of credit contracts related to residential immovable property, required the adoption of some measures regarding their execution, both by the European bodies and by the Romanian legislator, concretized at the national level by the adoption of Law no. 77/2016, regarding the payment of real estate in order to settle the obligations assumed through loans, amended and later supplemented by Law 55/2020. The legislative approach turned out to have a tortuous course, the legislator having the difficult task of identifying the breaking point of the contractual balance, in the paradigm of conflicting interests of the co-contracting parties, which corresponds to the fulfillment of the conditions of the contractual unpredictability. The subsequent establishment by the legislator of some absolute legal presumptions of unpredictability within the credit contracts, ended the legislative process in the special matter of paying for some real estate, and led, mainly, to the awareness by the contracting parties of the need for an amicable solution of disputes arising during the execution of credit contracts, with the aim of maintaining their social utility.

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