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.

Background: On 15 January 2015, the Swiss National Bank announced that the measures established on September 11, 2011, when it had decided to support a franc exchange rate of 1.20 francs per euro, would be changed. As a result, the exchange rate of the franc in Romania raised from 3.7 lei / franc, on 14.01.2015, to about 4.6 lei / franc, on 23.01.2015, thus surpassing the euro’s exchange rate.This event has put great financial pressure o...

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 relevan...

The present paper analyses the duty to inform consumers imposed to the banks in the hypothesis of loans granted in CHF, within the context of the umpredicible evolution undergone by this currency. The argument put forward is that the bank is obliged to inform the vulnerable consumers on the foreign currency risk, and the breach of such obligation is the nullity on the basis of fraud consisting of the omission to communicate the necessary infor...

The case-law of courts from EU states in the field of foreign currency loans reveal not only the common legal background but also the common problems that both the courts and the beneficiaries of the credits from EU Member States have to address. Given the current context of creating a uniform legislation for protecting credit consumers around Europe, an appeal to the case-law from other Member States can prove to be a source of inspiration for...