Bank loan agreement and addendum hereto. Declaration of enforcement. Objection to enforcement

DREPT CIVIL ŞI PROCESUAL CIVIL

Authors

  • Mirela Nicolaescu Author

Abstract

When an addendum (or having any other name) to the initial bank loan agreement comprises provisions concerning the debt, the declaration of its enforcement is necessary. 
An addendum, by which certain provisions of the initial agreement are amended shall be a stand-alone civil legal document and not accessory to the initial agreement, to this end being also the provisions of Article 102 of Law no. 71/2011 according to which „the 
agreement is subject to the provisions of the applicable law upon its conclusion as regards its conclusion, interpretation, effects, performance and termination”. 

Published

2024-01-12

Issue

No. 6 (2020): Revista Română de Jurisprudență

Section

Articole