Application of Law 193/2000 to loan agreements granted by NFIs to consumers. Penalty interest clause. Abusive character

DREPT BANCAR

Abstract

The legislator sought to declare unfair terms which result in disproportionate benefits for the consumer in relation to the damage suffered by the trader in the event of non-performance by the debtor, in order to protect his position in the contract, so that a non-negotiated term which creates such a disproportion must be considered unfair.