Pravna literatura

Unfair Contract Terms Directive, link Unfair Contract Terms Directive, RECITALS Unfair Contract Terms Directive, Article 1

Loans in Swiss francs were undoubtedly questionable and to some extent, unfair (both legally and morally) consumer practices. This is evident by the subsequent Directive 2014/17 / EC on consumer credit agreements for residential immovable property, and from a number of decisions of the CJEU in the light of unfair consumer practices as well as from Directive 93/13 / EEC. This shows a serious social and moral dimension to the problem of the loans in question, inter alia, in particular from the point of view of the constitutional provision on the welfare state. However, the decision of the Croatian Constitutional Court from 4 April 2017 provides good support for the future assessment of the Slovenian Constitutional Court on this issue. Of particular interest will be the analysis of whether the entire law is inadmissible, retroactively valid or whether its individual provision is merely permissible retroactively in accordance with Article 155 of the Constitution of the RS. The author concludes that the future decision of our Constitutional Court of the Republic of Slovenia will also show the extent of the right "and the extent of the overlap of morality and law.”