Compatibilitatea modificărilor aduse Codului de procedură civilă, prin Legea nr. 310/2018, în ceea ce priveşte contestaţia la executare, cu jurisprudenţa CJUE în materia clauzelor abuzive cuprinse în contractele de credit
Compatibility between the amendments made to the civil procedure code by law no. 310/2018 in respect of the objection to enforcement, and the cjeu case law in matters of unfair terms included in loan contracts.

Summary/Abstract: Starting from the amendments made by Article 713 (2) of the Civil Procedure Code, by Law no. 310/2018, i.e. that it is impossible to invoke de facto or de jure reasons regarding the substance of the right contained in the enforcement order, if the compulsory enforcement is made based on a different enforcement order than a court judgement, if the law provides in respect of that enforcement order a procedural means for its cancellation, including an action under the common law, we assess that, in consideration of the judgements issued by CJEU, in particular in the examined matter, the impossibility to invoke the abusive nature of contractual clauses included in a loan contract is consistent with the principles implied from the CJEU case law.

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