We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
CULPA IN OMITENDO ASOCIATĂ SERVICIILOR ANCILARE: GRATUITATEA CREDITULUI ACORDAT CONSUMATORULUI, ATRASĂ DE NEINDICAREA DAE, DUPĂ DECIZIA CJUE ÎN CAUZA PROFI CREDIT.
- Authors
GOICOVICI, Juanita
- Abstract
The study debates the reverberations of the CJEU's decision of 21 March 2024 in the Profi Credit Bulgaria case, C-714/22, targeting the eliminating of unfair terms used by credit professionals to intentionally conceive the actual costs associated to the credit agreement. Professionals' contrivance was related to the costs applicable to ancillary services offered to the consumer, in the latter's capacity of debtor in the credit agreement, throughout the using of onerous contractual terms which gave priority to the examination of consumer's credit application. By interpreting the provisions of Article 10, 2nd para. let. (g) and of Article 23 of Directive 2008/48, the CJEU's decision in the Profi Credit case retained as valid national courts' possibility of considering the credit agreement as a non-onerous contract, eliminating the non-transparent costs initially imposed on the debtor, in hypotheses of failure to explicitly mention the APR percentage in the contractual documents, thus sanctioning the APR non-disclosure and penalizing the professional creditor's omissive conduct.
- Subjects
CONTRACTS; CONSUMER credit; DEBTOR &; creditor; NONDISCLOSURE; COURTS
- Publication
Universul Juridic, 2024, Issue 4, p26
- ISSN
2393-3445
- Publication type
Article