ПРАВНИ АСПЕКТИ УГОВОРА О КРЕДИТУ СА ВАЛУТНОМ КЛАУЗУЛОМ У ШВАЈЦАРСКОМ ФРАНКУ
LEGAL ASPECTS OF LOAN CONTRACT INDEXED INTO SWISS FRANCS

Summary/Abstract: In this paper, the authors analyze the legal aspects of a loan agreement with a currency clause in Swiss francs. The authors start from defining the loan agreement, clarifying the currency clause and the variable interest rate, and based on the studied court practice in Serbia, Montenegro, Bosnia and Herzegovina, with a comparative review, they communicate the positions of the courts and the issues they dealt with. They often come across conflicting opinions and positions of the courts and see their initial disagreements, and wonder if there is a single solution (judicial, legislative, etc.) and which would be the most optimal. The authors set a framework for solving the problems related to these loans in the form of suitable legal institutes for application to this case. There is still no final solution and it is difficult to give a reliable forecast of the further development of judicial practice, especially in countries where there are no positions of the highest judicial instances. Based on the literature and judicial practice, the authors give and propose concluding opinions regarding the issues in question that have appeared as disputed in connection with this issue.

• Details
• Contents