THE EUROPEAN COURT OF JUSTICE JURISPRUDENCE IN ÁRPÁD KÁSLER VS. OTP CASE AND ITS INTERPRETATION IN THE JURISPRUDENCE OF NATIONAL COURTS

Mircea Grozavu
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Mircea Grozavu: MA Graduate of European Law, Stefan cel Mare University, Suceava

European Journal of Law and Public Administration, 2016, vol. 3, issue 1, 61-67

Abstract: The issue of abusive clauses referring to the repayment in the currency of the long term bank loan, on the grounds of the obligation of the parties to fulfil exactly the undertaken obligations, created a case-law that is rich in contradictions. This state of affairs brings up the selected subject as one with a significant potential for scientific research. The present article replies with a summarized study on the main court rulings that created the existing contradictions at the Romanian and European Union level of case-law concerning the protection of the consumer’s rights. The analysis of the mentioned rulings will be realized from the standpoint of the existing normative regulations and also form the standpoints of the law and economics doctrine, with the main purpose to bring clarity in a field that is mainly speculative in the present time.

Keywords: abusive clause; bank loan; currency of credit; contractual negotiations; judicial control (search for similar items in EconPapers)
JEL-codes: A23 K12 K22 K29 (search for similar items in EconPapers)
Date: 2016
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Persistent link: https://EconPapers.repec.org/RePEc:lum:ejlpa1:v:3:y:2016:i:1:p:61-67

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