Abusive clause. Risk premium

* reffer to the legal debate on Unfair clauses, Swiss francs and the like [Judicial.Debates].

The High Court of Cassation and Justice decided that setting a monthly fee, with a negligible amount in relation to credit costs – 0.15%, respectively, 0.22% – has the ability to create an extra burden to the detriment of the consumer and thus a significant imbalance between the rights and obligations of the parties, as such these conditions determine the risk premium clause to be abusive. The High Court also held that the imposition of the fee, which does not meet the predictability requirements, created an imbalance between the rights and obligations of the parties as the insurance clause covering risk faced by the bank, that of the consumer entering default without reaching the end of the credit period, the proceeds of this title to be repaid if the borrower turns out to be good payer. (Decision no. 2896 of October 6, 2014 marked the appeal of Section II of the Civil High Court of Cassation and Justice seeking a declaration of an unfair clause)

:: The Source: JURIDICE.ro

Dan Alexandru NEGRU

Related posts