Clauze abuzive. Analiza clauzelor din perspectiva caracterului clar şi inteligibil

Unfair terms. Examination of terms from the perspective of their clear and comprehensible nature

Abstract

According to Article 4 para. (6) of Law no. 193/2000, the assessment of the unfair nature of terms is associated neither with the definition of the main object of the contract, nor with the capacity of meeting the price and payment requirements, on the one hand, nor with the products and services offered in exchange, on the other hand, insofar as these terms are expressed in a language easily to understand.

Although, apparently, the terms relating to the fee for granting a credit, respectively the management fee, were clearly drafted, the court found that, actually, in relation to the failure to mention the actual services, which should justify the manner of charging these fees, in essence, terms are not defined in a comprehensible way for the consumer, and hence, the provisions of Article 4 para. (6) of...