Economic Imbalances Caused By the Abuse of Some Clauses Inserted in Credit Contracts

Credit agreements are membership contracts. Sometimes, within these types of contracts, significant imbalances can occur caused by the insertion of abusive clauses in the credit agreements. Significant imbalances are of an economic nature, created in order for professionals to obtain economic benefits in a manner that is contrary to good faith. The finding of abusive clauses is made “in concrete” only by the court. Once these abusive clauses have been found by the court, the abusive clauses can follow two variants of solutions, respectively: a). Within the contract they may be replaced by other clauses and b). they can be completely removed from bank credit agreements. In the first variant, the abusive clauses will be replaced with other clauses that will have as objective, the correction of the significant imbalances and the assurance of the balance of the credit agreements. In the second variant, the abusive clauses are struck by nullity and can sometimes have major consequences, materialized even in the cancellation of the entire credit agreement. The adopted solution will be based on the concrete situation of each case. The practice further proves the existence of these abusive clauses in one form or another, in credit agreements.