OPPOSITION TO ENFORCEMENT – LAST REMEDY TO ESTABLISH AN EFFECTIVE BALANCE BETWEEN CONSUMERS AND PROFESSIONALS
OPPOSITION TO ENFORCEMENT – LAST REMEDY TO ESTABLISH AN EFFECTIVE BALANCE BETWEEN CONSUMERS AND PROFESSIONALS

Summary/Abstract: The beautiful dream of taking loans has transformed slowly but sure into a nightmare for consumers who are unable to return the cost of the credit contracts. In such circumstances, trying to recover their debts, creditors have started execution proceedings due the fact that credit contracts are recognized by law as enforceable titles. Observing that their patrimony is being affected, in particular given the possibility of loosing the family home, consumers have counteracted by bringing before courts opposition to enforcement through which they claim that the contractual terms are unfair pursuant to Law no 193/2000 on unfair terms in contracts between consumers and professionals, having transposed in Romania the Directive 93/13/EEC. The new Code of civil procedure, like the previous one, provides in the execution phase a mechanism that is able to replace the formal balance which the credit contract establishes between parties with an effective one, reducing credit costs and perhaps avoiding real estate foreclosure. Furthermore, the Court of Justice of the European Union stated on several occasions that the national court is required to assess of its own motion whether a contractual term falling within the scope of the directive is unfair, even in enforcement proceedings.

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