Invoking the legal moratorium on bank loan repayment to prevent the insolvency of a debtor Cover Image

Invocarea moratoriului legal al rambursării împrumuturilor bancare în vederea evitării intrării în insolvenţă a debitorilor
Invoking the legal moratorium on bank loan repayment to prevent the insolvency of a debtor

Author(s): Luiza Cristina Gavrilescu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: legal moratorium; overdue instalments; consumer loans; mortgages; interest rate capitalization;

Summary/Abstract: The facility to suspend payments on overdue loans has been set up to mitigate the impact of exceptional measures taken in the current pandemic conditions, which have led to financial instability and low liquidity, with an impact on entrepreneurs and consumers. By invoking the legal moratorium, the debtors can obtain a postponement of payments for a period of up to 9 months, at the latest until the end of the current year, with the perspective of extending this term. The extension of the crediting period shall be granted for a duration at most equal to that for which the suspension was requested. For non mortgage loans, the interest rate is calculated by capitalization for the months of suspension of payments and interest is paid together with the instalments after the cessation of the deferral. For shorter term mortgages, the impact of restructuring is not significant, since interest holds a lower share in the monthly payment.

  • Issue Year: 73/2020
  • Issue No: 2
  • Page Range: 33-38
  • Page Count: 6
  • Language: Romanian
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