Modificarea dobânzii în contractul de credit. Condiţii

Modification of interest in the credit agreement. Terms

Abstract

The judgment under appeal is the result of misinterpretation of the legal instrument brought before the Court when it was held that the amendment of the contractual terms was conditional upon the cumulative fulfilment of the two prerequisites, i.e. the change in the market conditions and the financial situation of the borrower. In order to operate the modification of interest, it was enough to fulfil at least one of them.

The judgment under appeal is the result of breach of the legal provisions, namely the principle of binding force of contracts, given that one of the prerequisites to modify the contractual interest has been proven, namely the change in market conditions worldwide, a fact which brought about the change in EURIBOR index, which is a major component of the interest calculation formula. The interest was modified in accordance with the provisions set forth...