The incidence of the lesion in the case of bank contracts
The incidence of the lesion in the case of bank contracts
Author(s): Adriana PîrvuSubject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Editura Universitatii Transilvania din Brasov
Keywords: abusive clauses; lesion; bank contracts;
Summary/Abstract: Law No. 193/2000 on unfair terms in contracts between traders and consumers does not refer to the lesion as a legal remedy for the contractual imbalance created by such clauses. However, it is considered that these abusive clauses are a facet of the lesion, which implies an original contractual imbalance. However, the opinion was also expressed that the lesion cannot be invoked in the case of a consumer lending contract because such a contract is unilateral and the lesion entails the existence of a bilateral legal act. This article aims to determine to what extent the lesion can be invoked and used in the case of abusive clauses inserted into bank contracts.
Journal: Bulletin of the Transilvania University of Braşov, Series VII: Social Sciences and Law
- Issue Year: 11/2018
- Issue No: 2-Suppl
- Page Range: 149-154
- Page Count: 6
- Language: English