Cât de previzibilă ar fi putut fi impreviziunea în contractele de credit bancar?
06 01 2021
Although there is an express regulation under the Civil Code, both hardship and datio in solutum have particularly attracted the attention of the legislator, who considered that common regulation is not sufficient to resolve situations arising during the post-2008 economic crisis, when the debtors were no longer able to fulfill their obligations. Thus appeared Law no. 77/2016, which was “improved” along the way by Law no. 52/2020, its...Citește mai mult
Instrumentele normative de protecție a consumatorului supraîndatorat. (Din nou) despre convergență și concurență normativă în loc de editorial
05 01 2016
The interaction between the mechanisms that build the architecture of the credit consumer protection system (consumer insolvency, datio in solutum, and alternative dispute resolution for consumer disputes, for now) generates problems of normative convergence and competition, in what concerns consumer’s access to the procedure, and especially to the benefit of residual debt discharge, an essential point for the effectiveness of the instruments...Citește mai mult
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