<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>Interest and commissions are important sources of revenue for credit institutions. Among the causes generating abusive clauses are the interest, interest rates and commissions charged to loans to customers by creditors. Theory and practice have shown that these abusive clauses are unlimited. Effective knowledge of abusive clauses is only one of the customer protection measures. Of course, only their knowledge does not completely solve the problem, but will determine the orientation of creditors in finding more subtle abusive clauses. From a multidisciplinary perspective, the Study is structured in two parts: Part I, follows aspects of concrete identification of the types of sources of abusive clauses on a specified case and Part II materializes in the technical-applicative presentation of the methods used to quantify the differences in the amounts paid by the client in addition, generated by the existence of abusive clauses in the credit agreement he concluded with the creditor. The results of the first part confirm: Hypothesis 1, regarding the existence of abusive clauses in the investigated case; Hypothesis 2, regarding the identification of the sources generating abusive clauses that materialize in the interest rate, interest and bank fees; Hypothesis3, referring to the analytical grouping by types of the sources causing abusive clauses.</p>
</abstract>

Interest and commissions are important sources of revenue for credit institutions. Among the causes generating abusive clauses are the interest, interest rates and commissions charged to loans to customers by creditors. Theory and practice have shown that these abusive clauses are unlimited. Effective knowledge of abusive clauses is only one of the customer protection measures. Of course, only their knowledge does not completely solve the problem, but will determine the orientation of creditors in finding more subtle abusive clauses. From a multidisciplinary perspective, the Study is structured in two parts: Part I, follows aspects of concrete identification of the types of sources of abusive clauses on a specified case and Part II materializes in the technical-applicative presentation of the methods used to quantify the differences in the amounts paid by the client in addition, generated by the existence of abusive clauses in the credit agreement he concluded with the creditor. The results of the first part confirm: Hypothesis 1, regarding the existence of abusive clauses in the investigated case; Hypothesis 2, regarding the identification of the sources generating abusive clauses that materialize in the interest rate, interest and bank fees; Hypothesis3, referring to the analytical grouping by types of the sources causing abusive clauses.

Theoretical and Practical Aspects Regarding the Cancellation of Abuse Clauses

“Dimitrie Cantemir” Christian University Bucharest

International conference KNOWLEDGE-BASED ORGANIZATION

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

{"article-title":"Theoretical and Practical Aspects Regarding the Cancellation of Abuse Clauses"}

Interest and commissions are important sources of revenue for credit institutions. Among the causes generating abusive clauses are the interest, interest rates...

Theoretical and Practical Aspects Regarding the Cancellation of Abuse Clauses

Published Online: Jul 12, 2021

Page range: 89 - 93

DOI: https://doi.org/10.2478/kbo-2021-0053

Keywords
Credit, interest, interest rate, instrumentation commission, management commission, initial credit granting commission, early repayment commission, credit non-use commission

© 2021 Mariana Rodica Țîrlea, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Theoretical and Practical Aspects Regarding the Cancellation of Abuse Clauses

Published Online: Jul 12, 2021

Page range: 89 - 93

DOI: https://doi.org/10.2478/kbo-2021-0053

KeywordsCredit, interest, interest rate, instrumentation commission, management commission, initial credit granting commission, early repayment commission, credit non-use commission

© 2021 Mariana Rodica Țîrlea, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Keywords
Credit, interest, interest rate, instrumentation commission, management commission, initial credit granting commission, early repayment commission, credit non-use commission