UNPREDICTABILITY IN BANKING CONTRACTS. UNFAIR TERMS
UNPREDICTABILITY IN BANKING CONTRACTS. UNFAIR TERMS

Summary/Abstract: In accordance with the provisions of Article 1270, paragraph 1 of the Civil Code, the valid contract concluded between the parties bears a juridical power equal to the law. The condition is met in a situation in which the legal act is validly concluded, in accordance with the legal provisions. Although the parties in such a contract may not derogate from the mandatory provisions of the law during the performance of contracts, within the legal system, however, certain situations may occur that determine whether courts shall assess the balance of benefits between contractors. This article is calling into question the legal character of unpredictability, the assessment method of the courts, as well as the frequency of this phenomenon in our national judicial system.

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