Aprecierea caracterului abuziv al clauzelor contractuale în cazuistica recentă a CJUE și impactul acesteia asupra jurisprudenței naționale: schimbări palpabile sau implicare secvențială?
The Evaluation of the Unfair Contractual Terms in CJEU`s Recent Judgements and its Impact on the National Jurisprudence: Tangible Changes or a Sequential Impact?

Summary/Abstract: The study approaches the problematics of the identifying of unfair contractual terms, form the perspective of the recent jurisprudential trends in the EUCJ casuistry, especially in terms of admitting the courts‵ possibility to approach a contractual term which has not been individually negotiated, but which reflects a rule that, under national law, applies between contracting parties provided that no other arrangements have been established in that respect. The second part of the study is reserved to the problematics of the unfair character of contractual terms establishing the mechanism for determining the variable interest rate in a loan agreement and the possibility for the national courts of inviting the parties to negotiate with the aim of establishing the method for calculating the interest rate, provided that the national court sets out the framework for those negotiations and that seeks to establish an effective balance between the parties‵ rights and obligations.

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