Doctrină

Unfair Contract Terms Directive, Article 3 Unfair Contract Terms Directive, Article 6

Posibilitatea invocarii caracterului abuziv al clauzelor contractuale din titlul executoriu, in procedura contestatiei la executare, sub semnul unei practici judiciare nationale neunitare

The study is part of research that aims to make a contribution to the proper interpretation of the legal possibility of invoking the issue of unfair contractual terms, during an appeal in a civil enforcement procedure. For this purpose, the author took into account the following coordinates of the analysis: first she presents the current domestic procedural rule, relevant for the subject, as amended in 2018, then refers to the divergent guidelines from the Romanian Courts' practice and to the expected answer, from the European Court of Justice, to the request for a preliminary ruling, which is the subject of the case C-725/19.