Νομική βιβλιογραφία

Unfair Contract Terms Directive, link

In particular, the author describes the situation where an unfair term in consumer contracts is void, like the Court has judged in case laws ΠΠρΑθ (CFI Athens) 799/2017 and 800/2017. In that case, the legal vacuum is covered primarily by supplementary provisions of national law, like article 291 of the Civil Code, or, if that is not possible, the Court follows a supplementary interpretation according to the implied will of the parties. The choice of the supplementary provisions of the national law, which will be implemented in the relevant case, is based on criteria like the purpose of the contract and the special conditions for the conclusion of the contract. Article 291 of the Greek Civil Code is not a suitable provision for covering the legal vacuum, since it concerns contracts with a foreign exchange clause and not contracts with a foreign exchange value clause. Article 806 of the Greek Civil Code can be a better choice of a supplementary provision. It determines the ‘return’ of the same replaceable objects, in both qualitative and quantitative terms, as a debtor’s obligation. Accordingly, the debtor who received money in local currency, regardless of money’s origin and finding by the creditor, is obliged to pay the money back in the same quantity, including the interest which has fallen due.