Clause concerning the assignment of the right to claim debt

The High Court of Cassation and Justice has ruled that one of the essential conditions for establishing the unfairness of a clause is the clause that creates a significant imbalance between the rights and obligations of the parties. In this case, The High Court held that the clause may not be considered abusive if it is included in a bank credit agreement entered into by the Bank, reserving the right to assign its rights and obligations to a third party in the contract, whereas objectively, this does not create a significant imbalance between the rights and obligations of the parties to the detriment of the consumer, and by assigning the claim to change the holder that has the right to collect the debt, and not interfering with the rights and obligations of the debtor. (Decision No. 12 of January 17, 2012 marked the appeal of Section II of the Civil High Court of Cassation and Justice for annulment of the contract of assignment)

:: The source: JURIDICE.ro

Dan Alexandru NEGRU

Related posts