Evidence of the negotiated status of a credit agreement

See also the legal debates Abusive clauses, Swiss francs and the like, dated 15 February 2015, and Abusive clauses, a field where consumers gain (still too little?) ground, of 10 November, 2014 [DEZBATERI.JURIDICE].

The High Court of Cassation and Justice decided that, Art. 4 para. (3) of Law no. 193/2000 regarding unfair terms in contracts concluded between traders and consumers establishes a rebuttable presumption of fairness of terms in case of predetermined contracts containing standard clauses, pre-formulated, presumption which can be rebutted only by documentary evidence made by the professional,of the negotiated status of the contract or of some of the clauses thereof. Also, Art. 3 of the Directive no. 93/13 attributes this character to the contract terms which have not been individually negotiated and, contrary to good faith, causes a significant imbalance between the parties’ rights and obligations arising under the contract, detrimental to the consumer. (Decision no. 992 of 13 March 2014 rendered in appeal by The Second Civil Division of The High Court of Cassation and Justice, covering finding of abusive clauses)

:: The Source: JURIDICE.ro

Anda-Laura TĂNASE

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