НИЩОЖНОСТ НА ДОГОВОРНАТА ВЪЗНАГРАДИТЕЛНА ЛИХВА ПОРАДИ НАКЪРНЯВАНЕ НА ДОБРИТЕ НРАВИ
INVALIDITY OF CONTRACTUAL INTEREST CLAUSE INFRINGING GOOD MORALS
Author(s): Petar TopurovSubject(s): Law, Constitution, Jurisprudence, History of Law, Criminal Law, Civil Law, Canon Law / Church Law, EU-Legislation, Commercial Law, Court case
Published by: Софийски университет »Св. Климент Охридски«
Keywords: contract; contractual interest rate; loan agreement; void of the contract; good morals (boni mores)
Summary/Abstract: The article examines the cases in which the contractual interest rate clause in the loan agreement is considered to be void due to a conflict with good morals (boni mores). The courts set out two criteria for verifying the validity of such a clause – its proportion to statutory interest rate and the existence of debt securities. The article criticizes this approach by offering a complex analysis of contractual rela-tions in order to proclaim the void of the contractual interest rate.
Journal: IUS ROMANUM
- Issue Year: 2019
- Issue No: 1
- Page Range: 560-574
- Page Count: 15
- Language: Bulgarian