UNFAIR TERMS.CAUSES FOR INBALANCES IN BANK LOAN CONTRACTS

Mariana Rodica Țîrlea
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Mariana Rodica Țîrlea: Faculty of Economic Sciences Cluj-Napoca, Dimitrie Cantemir Christian University Bucharest

Management Intercultural, 2014, issue 31, 357-364

Abstract: According to the abuse, unfair terms, contract, bank loan credit, consumer, professional, the concept of abuse is defined as a violation of law; an illegal act. The synonyms dictionary Synonyms (2002) sees abuse as an excess. From the NODEX perspective, abuse is defined as: 1) lack of measure; everything beyond normal limits; excess; 2) jur. violation of the law; illegal act; actthat someone performs by exceeding its powers. In the case of bank loan contracts, we believe that the abuse of power takes the form of contractual terms imposed by breaking the natural order and the contract’s drafting principles, in a properly articulated decisive way, commissioned by one holding it, namely by the party holding the dominant position.

Keywords: Abuse; Unfair terms; Contract; Bank loan credit; Consumer; Professional (search for similar items in EconPapers)
JEL-codes: G21 (search for similar items in EconPapers)
Date: 2014
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