Invalidity of the Credit Agreement With the Consumer – Consequence of the Unfairness of the Contractual Terms. Theoretical and Practical Aspects
Invalidity of the Credit Agreement With the Consumer – Consequence of the Unfairness of the Contractual Terms. Theoretical and Practical Aspects

Summary/Abstract: In the current context of numerous litigations concerning credit agreements between seller or supplier and consumers, and given the need to permanently protect the citizen as a consumer, an analysis of the consequences of the unfair nature of the contractual terms is required. The main effect of the unfair contractual terms governed by Directive 93/13/EEC is the invalidity of the terms and the possibility of continuing the contract which, after eliminating the significant imbalance created to the detriment of the consumer, continues to engage both parties. The goal is to improve the consumer's contractual position by preventing its engagement against an unfair term.

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