The raising of factual or legal grounds relating to the substance of the right contained in the enforceable title, other than a court order, by way of an appeal to enforcement. Admissibility of invoking unfair terms in the enforcement procedure

DREPT CIVIL ŞI PROCESUAL CIVIL

Abstract

Contrary to the appellant's submissions, the first instance's finding that the application for a declaration of unfair terms inserted in the credit agreement which constitutes the enforceable title in question is inadmissible is not contrary to Article 713 para. 1 of the Civil Procedure Code, since such a procedural remedy for the unfair nature of the terms of a credit agreement is provided for by Law No 193/2000 on unfair terms in contracts concluded between professionals and consumers, Article 14 of which provides: „Consumers harmed by contracts concluded in violation of the provisions of this law have the right to apply to the courts in accordance with the provisions of the Civil Code and the Code of Civil Procedure".

Since finding that the terms of such a contract are unfair is not time-barred, there is nothing to prevent the appellant from bringing such a claim and, if it is upheld, from obtaining repayment of the sums received under a term which is alleged to be unfair.