CLAUZELE ABUZIVE DIN CONTRACTELE DE CREDIT BANCAR, O PROBLEMĂ DE ACTUALITATE ÎN ROMÂNIA
UNFAIR TERMS OF BANK CREDIT AGREEMENTS, A TOPICAL ISSUE IN ROMANIA

Summary/Abstract: Unfair terms inserted in bank credit contracts are offering banks a prerogative to unilaterally change the contract without a real negotiation of the new provisions, creating a significant imbalance between the contracting parties. The Bank justifies these changes in terms of market financial and credit policy of the bank, but these exceed the principle of rebus sic standibus motivation and good faith, nay, kidnap consumer to terminate the contract immediately. Thus, following these misunderstandings related to the contractual terms, whether or not they are unfair, conflicts arise between the consumer and banking institutions, conflicts that load for some years courts nationwide. If regarding clauses which affect the interest or the setting errands things are somewhat arranged (do not understand that the practice was unified) occurred relatively recently, new types of litigation, which concerned the payment obligations of borrowers in the case of loans in foreign currency (francs). In these cases require that such obligations be calculated relative to the exchange rate of the closing date of the contract, and not at the date of execution of the payment obligation, or better said, calling for "freezing course" or "denomination" its.

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