Confirming and developing its previous practice, the Supreme Court of Cassation derives the following prerequisites for the validity of the clauses that entitle the bank to unilaterally change the interest rate applicable to the loan agreement after the conclusion of the agreement: 1) the circumstances under which the interest rate may be changed must be explicitly agreed in the contract or in the general conditions, 2) these circumstances should be objective, (i.e., not to depend on the will of the creditor), 3) the methodology for changing the interest rate must be clearly described in detail in the contract or the general conditions. In the event of these circumstances, it should be possible to increase or decrease the initially agreed interest rate. According to the Supreme Court of Cassation, the announcement of the methodology on the website and in the offices of the bank does not make it part of the content of the contract.
The Supreme Court of Cassation defines an unfair clause in the loan agreement as a clause that entitles the bank to unilaterally increase the initially agreed base interest rate without announcing this in advance and not including in the agreement clear rules on the conditions and methodology under which this amount may change.
URL: http://www.vks.bg/pregled-akt?type=ot-delo&id=DD4C4610D6AC9E5AC2258386002D68A5
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