Legal Literature

  • Legal Literature Details
    • Member State: Greece
    • Title: Stages of inspection of general terms of banking transactions. Especially the example of the General Terms of Transactions for charges regarding the pre-payment of a loan, the commission charges and the levy (imposed by) the Law 128/1975
    • Subtitle:
    • Type: book chapter
    • URL:
    • Author: PITSIRIKOS, E.
    • Publication Year: 2014
    • Keywords: consumer, evidence, price, supplier, unfair terms
  • Directive Articles
    Unfair Contract Terms Directive, Article 3, 1. Unfair Contract Terms Directive, Article 4, 2. Unfair Contract Terms Directive, ANNEX I, 1., (l) Unfair Contract Terms Directive, ANNEX I, 1., (q)
  • Headnote
    In one chapter of this book it is analysed how to assess the pre-formulated standard clauses (General Terms of Transactions) included in banking agreements that impose additional charges in several banking transactions. In particular, the lawfulness of the content of those terms is reviewed under the scope of the law 2251/1994 (consumer protection law). In order to evaluate their lawfulness the writer considers important to examine whether several elements apply; such as whether the actual method for calculating those charges is accurate or vague as well as whether they reverse the burden of proof in favour of the supplier. Also, the author examines in particular the charges that are imposed when a loan is pre-paid in full by the debtor; the writer is of the opinion that this type of charges are lawful and not abusive, since he argues that they do not cause a significant imbalance of the rights and obligations of the contracting parties and therefore they can apply in bank loan agreements.
  • General Note
    Chapter of the book “Private Law Studies”
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