Unfair terms. Causes for imbalances in bank loan contracts. Cover Image

Unfair terms. Causes for imbalances in bank loan contracts.
Unfair terms. Causes for imbalances in bank loan contracts.

Author(s): Mariana Rodica Țîrlea
Subject(s): Economic policy, Transformation Period (1990 - 2010), Law on Economics, Marketing / Advertising
Published by: Fundatia Română pentru Inteligenta Afacerii
Keywords: Abuse; Unfair terms; Contract; Bank loan credit; Consumer Professional;

Summary/Abstract: According to the abuse, unfair terms, contract, bank loan credit, consumer, professional, the concept of abuse is defined as a violation of law; an illegal act. The synonyms dictionary Synonyms (2002) sees abuse as an excess. From the NODEX perspective, abuse is defined as: 1) lack of measure; everything beyond normal limits; excess; 2) jur. violation of the law; illegal act; actthat someone performs by exceeding its powers. In the case of bank loan contracts, we believe that the abuse of power takes the form of contractual terms imposed by breaking the natural order and the contract’s drafting principles, in a properly articulated decisive way, commissioned by one holding it, namely by the party holding the dominant position.

  • Issue Year: 2014
  • Issue No: 31
  • Page Range: 357-364
  • Page Count: 8
  • Language: Romanian