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 unpreceden...

The present paper achieves a critique to the absolute protection granted to credit consumers, a constant tendency in the relevant case-law rendered by the Romanian courts within the context of the judicial intervention into the contract for the purpose of repressing the unfair terms and of adapting the foreign currency loan contracts. ...

The present study analyses the applicability of hardship în foreign currency loan agreements given that such a form of judicial intervention into the contract is now being regulated by the Civil code. The analysis refers not only to elements of comparative law and of international commercial law, but also to the part to be played, within the field of hardship, by the principle of monetary nominalism and by the classic and contemporary ...

The article is aimed to analyse, through the eyes of a practitioner, the mechanism and legal effects of hardship, a legal concept which was for the first time explicitly regulated under the Romanian law by the new Civil code, which became effective as of October 2011. One particular pragmatic objective of the author was to outline the potential practical issues which may arise due to the large variety of possible situations, correlated...

This article represents the second part of the study of error-vice of consent under the new Civil code. In this second part, the author continued the analysis with the types of error (excusable and non-excusable error, assumed and non-assumed risk of error, as well as error in communication or transmission) conditions of error, invoking error and its consequences on the contract. The author considered the judgements expressed by the scho...