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    STUDIA IURISPRUDENTIA - Issue no. 3 / 2015  
         
  Article:   SOME ASPECTS RELATING TO UNFAIR TERMS IN LOAN CONTRACTS CONCLUDED IN ROMANIA / UNELE ASPECTE CU PRIVIRE LA CLAUZELE ABUZIVE IN CONTRACTELE DE CREDIT BANCAR INCHEIATE IN ROMANIA.

Authors:  .
 
       
         
  Abstract:  Given that the problem of abusive clauses in loan contracts is currently at the forefront of public debate in Romania, as well as in other European States, I believe it is a subject of interest to analyse the conduct of the banks in Romania who have abusive clauses. My analysis is based on the decisions of the European Court of Justice in this matter, and the interpretation of the European rules in this situation. Consumer protection is integrated among the principles that define the default action of the European and the subsidiarity principle, so that a minimal harmonization of the legal system, providing a high level of protection for consumers will reduce the differences between all European legal system. The second part of this article is dedicated to European Court of Justice jurisprudence in cases. The final section contain the decision of European Court of Justice to the preliminary question advanced by Cluj Court.

Keywords: loan contract, abusive clause, consumer, bank, European Court of Justice, Directive 93/13/CEE, interest rate, risk fee, management fee.
 
         
     
         
         
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