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The European Court Of Justice Jurisprudence In Árpád Kásler Vs. Otp Case And Its Interpretation In The Jurisprudence Of National Courts

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  • Mircea GROZAVU

    (MA Graduate of European Law, Stefan cel Mare University, Suceava)

Abstract

The issue of abusive clauses referring to the repayment in the currency of the long term bank loan, on the grounds of the obligation of the parties to fulfil exactly the undertaken obligations, created a case-law that is rich in contradictions. This state of affairs brings up the selected subject as one with a significant potential for scientific research. The present article replies with a summarized study on the main court rulings that created the existing contradictions at the Romanian and European Union level of case-law concerning the protection of the consumer’s rights. The analysis of the mentioned rulings will be realized from the standpoint of the existing normative regulations and also form the standpoints of the law and economics doctrine, with the main purpose to bring clarity in a field that is mainly speculative in the present time.

Suggested Citation

  • Mircea GROZAVU, 2016. "The European Court Of Justice Jurisprudence In Árpád Kásler Vs. Otp Case And Its Interpretation In The Jurisprudence Of National Courts," European Journal of Law and Public Administration, Editura LUMEN, vol. 3(1), pages 61-67, June.
    • Handle: RePEc:lum:ejlpa1:v:3:y:2016:i:1:p:61-67
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    Keywords

    abusive clause; bank loan; currency of credit; contractual negotiations; judicial control;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate
    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law
    • K29 - Law and Economics - - Regulation and Business Law - - - Other

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