facilitatea de credit în noul cod civil român
The credit facility in the new romanian civil code

Summary/Abstract: Within the banking contracts regulated by the new Romanian Civil Code, we must mention the credit facility, following the Italian pattern in this field. Such contract supposes the obligation of a financial institution, named financer, to make available to a client a certain amount of money for a determined or undetermined period. The analysis of the regulations concerning the credit facility shows that it is actually a species of credit, which includes a unilateral promise to loan money. Its applications are the lines of credit, revolving credit, overdraft credit and credit card. These operations are made through the (current) bank account, which is also regulated by the Civil Code. The practical use of committed and uncommitted credit facilities does not have to create any confusion regarding the new contract provided by the Civil Code: only the first type of credit facilities are regulated by art. 2193-2195, because only those ones create an obligation for the financer. Interesting problems appear also as regards the provisions in the field of the unilateral cancellation of the credit facility. Practically, the Romanian Civil Code introduces a new notion, meaning the “justified unilateral cancellation”, which supposes solid reasons related to the beneficiary of the credit facility.

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