Contestația la executare
Appeal against enforcement

Means of restoration of the legal balance between consumers and credit institutions

Summary/Abstract: It is a matter of common knowledge that in the last 10 years, the lending activity has been relatively relaxed and intense, with certain variations, and the rate of debt of the customers and consumers have substantially changed, and the statistics of the National Bank of Romania are eloquent for this purpose. However, as Romania has not been shielded from the consequences of the international financial crisis, it faces a high number of disputes initiated by the credit institutions for the purposes of enforcement of debits held by customers. Thus, as they have seen how their assets were enforced, the debtors have responded to the position of the credit institutions by filing appeals against enforcement, in which they alleged the nullity of certain contractual provisions deemed as unfair. Under the circumstances in which the field of protection of consumers, from the perspective of unfair terms, is as broad and challenging, as actual within the entire European Union, this study intends to emphasize and examine the mechanisms regulated by the lawmaker and according to which courts are called upon to intervene in the relationship between consumers and credit institutions, for the purposes of restoring the legal balance between them, especially in the case of initiating the enforcement procedure.

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