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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 I, December 2019, posted at 23th of December 2019

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INTERNATIONAL PROTECTION IN THE EUROPEAN UNION

Ana Maria BOLBORICI

 

UE Law and Comparative Law

THE MARGIN OF APPRECIATION RECOGNIZED FOR THE SIGNATORY STATES OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS IN THE FIELD OF MEDICALLY ASSISTED HUMAN REPRODUCTION

Georgeta Bianca SPÎRCHEZ

TRENDS REGARDING FINES AND SANCTIONS IN COMPETITION LAW, LABOR LAW AND DATA PROTECTION LAW

Barbu Silviu GABRIEL

Goga Alexandru SILVIU

REGULATION (EU) NO. 2015/848 A MEANS OF STREAMLINING INSOLVENCY PROCEEDINGS CONCERNING A DEBTOR WHOSE CENTER OF MAIN INTERESTS IS LOCATED WITHIN THE EUROPEAN UNION *

Anca Roxana BULARCA

THE POSSIBILITY OF A COMMON EUROPEAN LAND REGISTRY WITHIN THE CURRENT LEGAL FRAMEWORK

Gabriel Bogdan CHIHAI

BRIEF ANALYSIS OF THE EUROPEAN UNION'S DIRECTIVES IN THE AREA OF WATER PROTECTION AND THE LEVEL OF THEIR NATIONAL IMPLEMENTATION*

Ramona DUMINICĂ

EUROPEAN CITIZENS’ INITIATIVE: NEW RULES, NEW TREND?*

Angela Maria ROMITO

DYNAMICS AND TOOLS OF ‘UPWARD CONVERGENCE’ IN THE EU SOCIAL POLICY: ASSESSING THE EUROPEAN STATES’ PERFORMANCE UNDER THE EUROPEAN PILLAR OF SOCIAL RIGHTS

Cristina PĂTRAŞCU

 

International Law

THE RIGHT TO GOOD ADMINISTRATION – IS THE CONSTITUTIONAL REGULATION NECESSARY?

Oana ŞARAMET

OSCILLATING BETWEEN DIFFERENT TYPES OF PUBLIC CONTRACTS REGARDING THE CONSTRUCTION OF A HIGHWAY

Cătălina-Georgeta DINU

ASPECTS OF PERSONAL DATA PROCESSING BY ROMANIAN CIVIL COURTS ACTING IN THEIR JUDICIAL CAPACITY

Adrian CRISTOLOVEAN

GENERAL ASPECTS ON ACADEMIC ETHICS

Cristinel GHIGHECI

JURISPRUDENCE IN ANCIENT ROME

Cristinel-Ioan MURZEA

BRIEF THEORETICAL AND PRACTICAL CONSIDERATIONS CONCERNING CRIMES AGAINST LIFE. POSSIBILITY OF COEXISTENCE OF MANSLAUGHTER AND HOMICIDE WITH REGARD TO THE SAME VICTIM

Constantin Ioan GLIGA

ASPECTS REGARDING THE CRIMINALIZATION AND INVESTIGATION OF THE OFFENCES RELATED TO TERRORIST ACTIVITIES IN ROMANIAN LEGISLATION

Adrian Cristian MOISE

SHORT CONSIDERATIONS ON THE SCOPE OF THE RIGHT TO A FAIR TRIAL PROVIDED BY ART. 6 OF THE ECHR – THE CONCEPT OF ”CRIMINAL CHARGE”

Mihai GURAN

THE DEFENDANT’S RIGHT TO REMAIN SILENT AND NOT INCRIMINATE HIMSELF ACCORDING TO THE CRIMINAL PROCEDURE CODE. THE RESPECT OF THE PROVISIONS OF ARTICLE 6 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Maria Magdalena BÂRSAN

CONSIDERATIONS REGARDING THE DEPRIVATION OF LIBERTY OF JUVENILES IN CRIMINAL MATTERS, IN LIGHT OF NATIONAL AND INTERNATIONAL REGULATIONS

Gabriela Nicoleta CHIHAIA

CRIMINOLOGICAL LANDMARKS FOR EXPLAINING CAUSES OF CRIME

 

Articles (Studies, discussions, comments)

ABOUT VACANT INHERITANCE

Diana-Geanina IONAŞ

BRIEF CONSIDERATIONS AS TO THE JOINT EXERCISE OF PARENTAL AUTHORITY AFTER DIVORCE

Elisabeta SLABU

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

ABOUT THE RES JUDICATA AUTHORITY OF THE REORGANIZATION PLAN AND/OR OF THE MEASURES TAKEN BY THE JUDICIARY ADMINISTRATOR OR LIQUIDATOR WITHIN THE FRAME OF THE INSOLVENCY PROCEDURE

Ioan SCHIAU