Awhich the assessment of the existence of a significant imbalance between the rights and obligations of the parties must be placed . He states that this issue only makes sense if the Court were to conclude that the disputed clause does not fall under the notion of main object of the contract or is not clearly and intelligibly expressed. The Advocate General considers that a professional cannot be held liable for developments subsequent to the conclusion of the contract and independent of his will such as exchange rate variations.
If the situation were different not only would disproportionate obligations be imposed on the professional Country Email List but the principle of legal certainty would also be compromised. The Advocate General concludes in this regard that account must be taken of all the circumstances which the professional could have reasonably anticipated at the conclusion of the contract. The significant imbalance cannot on the other hand be assessed based on developments after the conclusion of the contract which the professional could not control or anticipate such as exchange rate variations. According to Advocate General Wahl a clause in a loan agreement that provides for.
The repayment of the borrowed amount in the foreign currency in which the loan was granted does not necessarily constitute an abusive clause. Sources CURIA CURIA Leave a reply Your email address will not be published. Mandatory fields are marked with Comment Name Email Site web Save my name email and website in this browser for the next time I comment. Site web Official Gazette no. of April Official Gazette minutes Official Gazette April The Constitutional Court of of the provisions of art. para. of the Criminal Procedure Code No. of December The Government of Romania Decision regarding the updating of inventory values and the transmission of real estate located in the public domain of the state from the.
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