Law Review International Journal of Law and Jurisprudence Open Source Online Publication Edited by the Union of Jurists of Romania and Universul Juridic Publishing House e-ISSN 2246-9435
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THE DISPUTE OVER INVOKING ABUSIVE CLAUSES INSERATED IN BANKING CONTRACTS IN THE TRIAL OF A CONTESTATION OF THE EXECUTION – ALIGNMENT TO EUROPEAN TRENDS IN THE MATTER

Adriana Ioana PÎRVU

Abstract: The number of cases concerning the abusive clauses inserted in banking contracts, trialed in front of the national courts, is a considerable one. It seems like the compliance of the national regulations with the provisions of Directive 93/13 / EEC on 5 April 1993 on unfair terms in consumer contracts, is a difficult process. The purpose of the present study is to observe the current state of the alignment of the national legislation and jurisprudence to the European tendencies in the matter. In particular, we are interested in the admissibility of invoking abusive clauses in the process of a contestation of an execution, since the national case law is not unitary in this regard. Even in theory, opinions are divided. On June 26, 2019, the European Court of Justice expressed its opinion on this matter, in the cause C407/18, the case of Aleş Kuhar, Jožef Kuhar v Addiko Bank d.d. At the end of the study, we aim to point out the main directions set at European level that must be followed by the national legislation and case law of a Member State.

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Volume X, special issue II, December 2019, posted at 23th of December 2019

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European Union Law

THE LISBON TREATY AND THE RISKS OF NONCOORDINATION OF ECONOMIC POLICIES IN THE E.U.

Grigore SILASI

Ion M. ANGHEL

CONSIDERATIONS REGARDING THE ROLE OF JURISPRUDENCE AS A SOURCE OF LAW IN ROMANIAN LAW AND IN EUROPEAN UNION LAW

Mihai BĂDESCU

BRIEF CONSIDERATIONS ON THE INSTITUTION OF PENALTY IN THE CONSTITUTIONS OF EU MEMBER STATES

Silviu Gabriel BARBU

Vasile COMAN

THE DISCIPLINARY OFFENCES OF INCOMPATIBILITY AND CONFLICT OF INTERESTS REGARDING PUBLIC OFFICIALS, AS PROVIDED FOR BY THE LEGISLATION OF ROMANIA, ARE OF AN CRIMINAL NATURE UNDER ARTICLE 6, PARAGRAPH 1 ECHR

Tudor CHIUARIU

CONSTITUTIONAL IDENTITY AND EUROPEAN MEMBERSHIP

Ioniţa COCHINŢU

Cristina TITIRIŞCĂ

THE IMPACT OF THE CURRENT INTERNATIONAL LAW CRISIS ON THE RIGHT TO SUSTAINABLE DEVELOPMENT

Titus Corlătean

LEGAL LIMITS OF THE EXERCISE OF THE FREE MOVEMENT OF PERSONS IN THE EUROPEAN UNION

Nicoleta DIACONU

CONSUMERS PROTECTION FROM THE PERSPECTIVE OF SANCTIONING DOUBLE QUALITY STANDARD OF PRODUCTS AND SERVICES IN THE EUROPEAN UNION

Raluca DINU

EUROPEAN COMMONWEALTH ARMY – CHALLENGE FOR A PROPER EU REGULATION

Carmen Adriana Domocoş

“DISCRIMINATION BY ASSOCIATION” - BETWEEN JURISPRUDENTIAL CONSECRATION AT EUROPEAN LEVEL AND LEGISLATIVE DESIRE IN ROMANIA. SOME CONSIDERATIONS

Constanţa MĂTUŞESCU

THE LEGALITY OF THE APPLICATION OF SUPPLEMENTARY AND ACCESSORY PUNISHMENTS FROM THE PERSPECTIVE OF THE EUROPEAN COURT OF HUMAN RIGHTS AND THE COURT OF JUSTICE OF THE EUROPEAN UNION

Alexandru POROF

BREXIT AND THE BACKSTOP SOLUTION ON NORTHERN IRELAND

Maria-Cristina SOLACOLU

THE INTERNATIONAL AREA OF THE SUBMARINE TERRITORIES IN THE CONTEXT OF THE EUROPEAN UNION INTEREST ON THE EXPLORATION AND EXPLOITATION OF THEIR RESOURCES

Laura Magdalena TROCAN

 

UE Law and Comparative Law

IN DUBIO PRO REO - MYTH OR REALITY

Denisa BARBU

CRIMINAL LIABILITY FOR ECOLOGICAL DAMAGE RESULTING FROM NUCLEAR TRANSPORT

Florin Octavian BARBU

INSTRUMENTS FOR BETTER REGULATION. A COMPARISON OF THE REGULATORY IMPACT ASSESSMENT (RIA) LEGAL FRAMEWORK IN ROMANIA AND IN FRANCE

Ionuţ-Bogdan BERCEANU

THE ROLE AND IMPORTANCE OF CLUSTERS IN EUROPE. GERMAN MODEL VERSUS ROMANIAN MODEL

Eduard CĂLINOIU

MEASURING THE HARMONIZATION DISTANCE WITHIN THE LEGAL SPACE OF THE EUROPEAN UNION AS A TOPOLOGICAL SPACE

Gheorghe BOCŞAN

INFORMAL SETTLEMENTS – LEGISLATIVE CHANGES MADE IN THE ROMANIAN LEGISLATION, THROUGH LAW NO. 151/2019, RELATED TO THE EUROPEAN LEGISLATION AND THE PROVISIONS OF THE CONVENTIONS THAT PROTECT THE FUNDAMENTAL HUMAN RIGHTS

Mădălina BOTINĂ

CURRENT CHALLENGES OF THE LAWYER PROFESSION

Alexandru-Aurelian CHIRIŢĂ

RELIGIOUS FREEDOMS AT EUROPEAN UNION LEVEL AND THEIR PROTECTION BY THE PEOPLE'S ADVOCATE

Denis-Roxana GAVRILĂ

COMPARATIVE ANALYSIS REGARDING THE IMMOVABLE GOODS PUBLICITY AND THE LAND BOOK OF THE STATES OF THE EUROPEAN UNION

Marilena MARIN

IMPLEMENTATION OF THE EUROPEAN ETHICAL CHARTER ON THE USE OF ARTIFICIAL INTELLIGENCE IN JUDICIAL SYSTEMS AND THEIR ENVIRONMENT

Irina MOROIANU ZLATESCU

Petru Emanuel ZLATESCU