Consideraţii practice privind denominarea creditelor în CHF

Marius VLADU

avocat, SCA Rădulescu & Muşoi

ABSTRACT

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 unprecedented tendency of advertising of these type of claims and it seems that the growing numbers of these claims might be the cause of the mildly grounded decisions by which these claims were granted. The most common grounds are the imprevision theory, the provisions of Regulation no. 4/2005 issued by the National Bank of Romania, witholding relevant information to the consumer, the allegendly relevant Kasler Case, Judgment no. C-26/13 of The Court of Justice...