Contractarea unui împrumut în monedă străină. Invocarea impreviziunii ca impediment în executarea obligaţiei de restituire a creditului

Taking out a loan in foreign currency. Invoking prejudice as an impediment to the enforcement of the obligation to repay the credit

Abstract

A held in Constitutional Court decision no. 623/2016, hardship intervenes when an exceptional and external event has occurred in the performance of the contract which could not reasonably have been foreseen at the time of the conclusion of the contract, in terms of its extent and effects, making the performance of the obligations under the contract excessively onerous. In the event of hardship, the terms of the contract with successive performance in time must be adapted appropriately to the new reality, to the extent of the occurrence of a risk which is circumscribed by the idea of hardship.

When taking out a loan in foreign currency, in view of its repayment in lei, consumers should expect the exchange rate of the...