Considerații cu privire la o posibilă congruență între inadmisibilitatea invocării clauzelor abuzive în contestația la executare silită, impusă prin Legea nr. 310/2018
Considerations regarding a possible congruence between the inadmissibility of invoking the abusive clauses in the contestation to forced enforcement, imposed by Law no. 310/2018

Summary/Abstract: This study examines both the level of impact that the Ordinance of the Court of Justice of the European Union in Case C 75/19 may have on the national judicial system and the effectiveness of the legal instruments it provides to the consumer, in order to guarantee its effective protection. Even though, at first, it seemed to be an unanimously approved opinion regarding the possibility of continuing to invoke the unfairness of terms of the credit contracts in the context of the contestations against forced execution of these contracts, more than a year after the issuance of this Ordinance, it is beginning to take shape a second case law, in line with the whole legislative landscape provided by the national law. The final part is referring to the issue of bail and the possibility of it being the subject of public legal aid, given that it is likely to affect the effectiveness of the legal remedy provided by the national law.

• Details
• Contents