Being the reflection of mixed operations, banking contracts involve a number of peculiarities. In the present study, we aimed to highlight the particularities of banking contracts, especially as regards the admissibility of court intervention to remedy the nullity of unfair terms in credit agreements.The court which has established the unfairness of a clause in a consumer credit agreement is required to remove it application by default. ...

The concern of the European and national legislators for consumer protection is due to the fragile position it occupies in a credit agreement. The role of the CJEU is to establish a unitary standard for the interpretation of the provisions of Directive no 1993/13/EEC on unfair terms in consumer contracts, applicable in all Member States, but it is for the national courts to verify whether a clause contrary to the requirement of good faith, cau...