The right to restitution of money paid under an unfair clause. The limitation of the write-off term

High Court of Cassation and Justice has ruled that, where the risk premium clause in a loan agreement was declared unfair, due to the finding of its nullity, the court must give efficient background to the principle that quod nullum east nullum effectum, and therefore it is necessary to order the return of benefits / amount received as risk premium, the right to request a refund is inalienable. (Decision no. 992 of 13 March 2014 issued the appeal of Section II of the Civil High Court of Cassation and Justice seeking a declaration of a clause as being unfair)

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Dan Alexandru NEGRU

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