Priznati pravico do "brezplačnega" kredita je nedopustno in absurdno

slovenian

2024

volume 79, issue 3/4

CHF   credits   currency clause   information duty   Supreme Court of the Republic of Slovenia   Swiss francs

Univerza v Ljubljani, Pravna fakulteta
(Obvezni izvod spletne publikacije)

In Slovenia, banks once routinely concluded credit contracts with a currency clause in Swiss francs, as was either permitted or mandated by law. The current regulation of these credits presents challenges, both in terms of retroactivity and the principle of legal certainty. The majority of banks in Slovenia fulfilled their explanatory duty adhering to the then-current legislation. Furthermore, the involvement of a notary and explicit warnings in the credit agreements indicate that the majority of credit agreements in Swiss francs in Slovenia either meet the conditions or meet the standard that these agreements do not contain unfair terms. Consequently, practices that were entirely normal a decade ago are now deemed unfair. The article is a short report from a lecture by Minu Anamaria Gvardjančič, PhD, a lawyer from Ljubljana who deals with such cases in the courts.

12.11.2024