Some aspects relating to unfair terms in loan contracts concluded in Romania

Abstract

Given that the problem of abusive clauses in loan contracts is currently at the forefront of public debate in Romania, as well as in other European States, I believe it  is a subject of interest to analyse the conduct of the banks in Romania who have abusive clauses. My analisys is based on the decisions of the European Court of Justice in this matter, and the interpretation of the European rules in this situation. Consumer protection is integrated among the principles that define the default action of the European and  the subsidiarity principle, so that a minimal harmonization of the legal system, providing a high level of protection for consumers will reduce the diferences between all European legal system. The secound part of this article is dedicated to European Court of Justice jurisprudence in cases. The final section contain the decision of European Court of Justice to the preliminary question advanced by Cluj Court.