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HCCJ. The clause regarding anticipated maturity date in a credit agreement. Abusive clause

The High Court of Cassation and Justice decided that the clause regarding the anticipated maturity date that is provided in the general terms of the credit agreement, through which was stipulated that in case of not fulfilling the obligations arising from other contracts, concluded either with the bank, either with other financial/credit companies is abusive, as well as in the case of unforeseen circumstances which, according to the bank, make to become unlikely for the applicants to perform their obligations assumed under agreement, the bank shall have the right to declare the loan balance as being anticipated owed, immediately repayable with interest accrued and all other costs owed to the bank under the agreement. The High Court held that in order not to be abusive, the provisions of such a clause should describe good reason, or the wording present in the terms of the contract does not provide a real possibility that an independent observer to assess over the merits of such a clause, the more since that these clauses offer to the bank discretionary right to declare the loan balance due in advance, without the court to have at hand a criterion for verifying the legality of such a measure. (Decision no. 2665 of 24 September 2014 rendered in appeal by the Second Civil Division of the High Court of Cassation and Justice, covering absolute nullity of a contractual clause)

:: The Source: JURIDICE.ro

Anda Laura TĂNASE

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