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- Title
19. Clauze abuzive. Analiza clauzelor din perspectiva caracterului clar şi inteligibil.
- Abstract
According to Article 4 para. (6) of Law no. 193/2000, the assessment of the unfair nature of terms is associated neither with the definition of the main object of the contract, nor with the capacity of meeting the price and payment requirements, on the one hand, nor with the products and services offered in exchange, on the other hand, insofar as these terms are expressed in a language easily to understand. Although, apparently, the terms relating to the fee for granting a credit, respectively the management fee, were clearly drafted, the court found that, actually, in relation to the failure to mention the actual services, which should justify the manner of charging these fees, in essence, terms are not defined in a comprehensible way for the consumer, and hence, the provisions of Article 4 para. (6) of Law no. 193/2000 are breached, since the language used is not easily to understand. By inserting these terms, contrary to the good faith requirement which should characterize the relationships between the trader and the consumer, the defendant only charged a percent related to the amount of the loan, unjustified by the service actually performed in exchange thereof. Therefore, the examined term is unfair since it places the consumer in an unfavourable position compared to the lending bank, forcing the former to disproportionate payments in relation to the services which he effectively benefits from.
- Subjects
DEFINITIONS; PAYMENT; ADMINISTRATIVE fees; EXCHANGE; CREDIT; CLEARINGHOUSES
- Publication
Romanian Case Law Review / Revista Română de Jurisprudenţă, 2019, Issue 4, p123
- ISSN
1844-6450
- Publication type
Article