Unfair clause concerning the risk fee

The High Court of Cassation and Justice has ruled that  if  the  risk fee function and purpose  were not highlighted in the credit agreement, it is an unfair clause that regulates the bank’s right to charge this fee, since in this situation, any consumer is in a disadvantaged position to the bank being unable to negotiate the actual commission. On the rationale of introducing risk commission, the High Court held that “as long as the risk of the contract is covered by the formation of collateral that can be supplemented in certain conditions established by contract and by signing an insurance policy in favor of the bank it is obvious that the introduction of risk fee, with no regulation of reciprocal obligations, an imbalance between the execution of parties is created, contrary to good faith, a situation contrary to the convention of a credit, this contravenes the mutually binding nature of a credit. ” (Decision no. 1393 from April 2, 2013 passed in appeal by the Civil Division II of the High Court of Cassation and Justice seeking a declaration of void for the clauses concearning the risk fee)

:: The source: JURIDICE.ro

Dan Alexandru NEGRU

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