Systemic Analysis of Credit Contracts from the Perspective of Abusive Clauses

Abstract

In Romania, are recorded for trial a significant number of cases resulting from the execution of credit contracts. Large part of the divergence has as source the contractual clauses regarded as abusive. The present paper refers to a systemic approach of the unfolding contractual relations regarding consumption credits, granted by bank institutions to consumers of these products with the hypothesis of judicial intervention in the contract framework. At the same time, the paper intends to put forward a model by which the activity of trial courts might be determined regarding the unfolding and improvement of the abusive contractual behaviour of one of the contracting parties.