HCCJ. Finding abusive clauses in credit agreements. Evidence that may be administered

* see also the debate “Abusive clauses, Swiss francs and so forth”

The High Court of Cassation and Justice decided that in disputes between professionals who specialize in granting loans and non-professional consumers you can not administer other evidence than documentary evidence, but with pre-existing documents reported at the moment when the application for summons was introduced. In this regard, the High Court stated that the fairness of certain clauses in credit agreements must be analysed solely on the basis of the content of those documents and clauses itself, and not on the technical expertise of finance and banks specialty, which would have no relevance to the question because it would relate to extrinsic elements of credit agreements. (Decision no. 3661 of 20 November 2014 rendered in appeal by the Second Civil Division of The High Court of Cassation and Justice, covering the finding of abusive clauses)

:: The Source: JURIDICE.ro

Anda-Laura TĂNASE