Theoretical and Practical Aspects Regarding the Cancellation of Abuse Clauses

Interest and commissions are important sources of revenue for credit institutions. Among the causes generating abusive clauses are the interest, interest rates and commissions charged to loans to customers by creditors. Theory and practice have shown that these abusive clauses are unlimited. Effective knowledge of abusive clauses is only one of the customer protection measures. Of course, only their knowledge does not completely solve the problem, but will determine the orientation of creditors in finding more subtle abusive clauses. From a multidisciplinary perspective, the Study is structured in two parts: Part I, follows aspects of concrete identification of the types of sources of abusive clauses on a specified case and Part II materializes in the technical-applicative presentation of the methods used to quantify the differences in the amounts paid by the client in addition, generated by the existence of abusive clauses in the credit agreement he concluded with the creditor. The results of the first part confirm: Hypothesis 1, regarding the existence of abusive clauses in the investigated case; Hypothesis 2, regarding the identification of the sources generating abusive clauses that materialize in the interest rate, interest and bank fees; Hypothesis3, referring to the analytical grouping by types of the sources causing abusive clauses.