About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2016 R.R.D.A. 42 (2016)
Practical Aspects on Denomination of CHF Loans

handle is hein.journals/ririinesana2016 and id is 346 raw text is: Consideratii practice privind denominarea creditelor in CHF Marius VLADU avocat, SCA Ridulescu & Musoi ABSTRACT The hereby article aims to present a short analisys of the legal grounds of the claims filed by the borrowers who were afforded loans in HUF, claiming the repayment of the loans at the exchange rate applied by the bank on the date of advance of the sum borrowed and the repayment of the loan instalments in RON, but, most importantly, of the legal grounds of the few decisions by which these claims were granted. There is an unprecedented tendency of advertising of these type of claims and it seems that the growing numbers of these claims might be the cause of the mildly grounded decisions bywhich these claims were granted. The most common grounds are the imprevision theory, the provisions of Regulation no. 4/2005 issued by the National Bank of Romania, witholding relevant information to the consumer, the allegendly relevant Kasler Case, Judgment no. C-26/13 of The Court of Justice of the European Communities, and, ultimately, the unfair contractual term by which the the parties agreed that the loan shall be repaid in the foreign currency it was afforded, as a consequence of the Nominalism Principle regulated by theCivil Code of 1864, Article no. 1.578. The analisys of each of these claims exposes them as ungrounded as well as the inconsistencies of the decisions by which these claims were granted. R EZU MAT Prin lucrarea de fat6 ne propunem efectuarea unei analize succinte a temeiurilor legale invocate prin cererile de chemare in judecat6 prin care imprumutatii ce au contractat credite bancare in franci elvetieni au solicitat stabilizarea cursului valutar [a valoarea existent6 [a data incheierii contractului si denominarea creditului in lei dar, mai ales, a temeiurilor legale ce se desprind din putinele solutii prin care aceste cereri au fost admise de catre unele instante dejudecat6. 421 REVISTA ROMA NA DE DREPT AL AFACERILOR NR. 3/2016 1DOSAR

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most