Search results for "Loan Agreement"

The Substitutability of Unfair Contract Terms in Credit Agreements Denominated and Indexed to Foreign Currencies

2020

This contribution deals with the problem of the capacity of the court to replace the unfair term in the loan agreements with a supplementary provision of national law. The main aim of the contribution is to confirm the thesis, that the court is not entitled to change the condition for which it states that it is unfair despite the conscious and fixed will of the consumer himself. We have used formal – dogmatic approach for this text.