the court Archives - Page 2 of 2 - Pavel, Margarit and Associates

According to the ECJ, national courts can rule on the unfairness of interest and commission risk of credit agreements

The preliminary question addressed to the Court had the following content: “Considering that, in accordance with Article 4 (2) of Directive 93/13 / EEC, the fairness of the terms, cannot may relate either to define the object of the contract nor to the adequacy of the price or remuneration, on one hand, as to the services […]

By : Jun 11, 2017 No Comment

Insolvency of individuals. Part III

By the moment the plan is confirmed by the insolvency Court, the debtor is obliged to: a) use its income and assets in accordance with the approved plan; debtor must refrain from any transactions or behaviors that could lead to failure of the plan; b) to undertake appropriate activities generating revenue, and in case of […]

By : Jun 11, 2017 No Comment

Articles, Insolvency, Restructuring and Bankruptcy

Insolvency of individuals. Part II. Start of insolvency proceedings.

Insolvency court cannot refuse to start exclusive insolvency proceedings on the grounds that the debtor has insufficient assets to cover the costs of the procedure, these will be borne by the Romanian state. These amounts will be refunded prior, from the income resulting from the execution of the insolvency procedure. Simultaneously with the commencement of […]

By : Jun 11, 2017 No Comment

Articles, Banking and Capital Markets

The banks are required to prove the execution of pre-contractual obligations of informing and verification of borrower creditworthiness

By Decision C-449/13 CA Consumer Finance SA / Ingrid Bakkaus and others, dated 18 December 2014, the Court of Justice of the European Union found that “the Directive does not specify whose incumbent to prove that the creditor has executed the obligations of informing and verification of trustworthiness, so this is a problem of internal […]

By : Jun 11, 2017 No Comment

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According to the ECJ, national courts can rule on the unfairness of interest and commission risk of credit agreements

Insolvency of individuals. Part III

Insolvency of individuals. Part II. Start of insolvency proceedings.

The banks are required to prove the execution of pre-contractual obligations of informing and verification of borrower creditworthiness

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