标题：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
出版社：Union of Jurists of Romania, Universul Juridic Publishing House
摘要：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 C-407/18, 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.
