HCCJ. Evidence of negotiation in a credit agreement

* see also the debate “Unfair clauses, Swiss Francs and so forth”

The High Court of Cassation and Justice decided that the negotiated character of a credit agreement cannot be assessed by simply signing the contract, since in the case of this type of contracts, the parties are not on equal positions, neither related to the specialized knowledge nor the negotiating power, the bank being a professional who deals with the granting of loans, and the applicants are simple individuals who were not able to negotiate, knowingly, the contract, but only to sign it or not. The High Court also stated that the mere information of applicants about the provisions of the contract does not constitute negotiating the contract, ECJ and Supreme Court jurisprudence stating that such contracts of adhesion, are presumed to be nonnegotiable, while, according to art. 4 para. (3) of Law no. 193/2000, if the clause was unilaterally determined by the professional, it is his duty to present evidence stating that the clause was negotiated, something that in this case did not happen. (Decision no. 3864 of 4 December 2014 rendered in appeal by the Second Civil Division of The High Court of Cassation and Justice, related to adapting the terms of a credit agreement as a result of contractual unpredictability)

:: The Source: JURIDICE.ro

Anda-Laura TĂNASE

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