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Abusive Terms in Loan Contracts

Author

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  • Mirela Niculae
  • Beatrice-Tanta Strat

Abstract

This study displays several theoretical and practical remarks on certain abusive terms of loan contracts. Considering the European Law, the main regulation framework is given by Directive 93/13/EEC approved by the Council on the 5th April, 2013, regarding the abusive terms and conditions within the contracts concluded with customers, Directive 2008/48/EC regarding the credit contracts for consumers and the repeal of Directive 87/102/EEC of the Council; Directive 2009/22/EC regarding the cease action related to the protection of consumers „interests. This year, there has been Directive 17/2014 regarding the credit contracts concluded with different consumers for residential real estates and the modification of Directives 2008/48 and 2013/36/EU and EU Regulation no. 1093/2010. Directive 93/13/EEC aims at “eliminating the abusive terms stipulated in the contracts.” We must add that the Romanian trial courts entitled to solve the actions regarding the identification of the abusive terms in credit contracts- as the paper refers only to this type of contracts- took in consideration the jurisprudence of the High Court of Luxembourg.

Suggested Citation

  • Mirela Niculae & Beatrice-Tanta Strat, 2015. "Abusive Terms in Loan Contracts," Knowledge Horizons - Economics, Faculty of Finance, Banking and Accountancy Bucharest,"Dimitrie Cantemir" Christian University Bucharest, vol. 7(1), pages 131-136, March.
    • Handle: RePEc:khe:journl:v:7:y:2015:i:1:p:131-136
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    More about this item

    Keywords

    Bank loan; loan contract; abusive terms; banking risk necessity of Audit Committee; role of Audit Committee;
    All these keywords.

    JEL classification:

    • G21 - Financial Economics - - Financial Institutions and Services - - - Banks; Other Depository Institutions; Micro Finance Institutions; Mortgages
    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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