Attestation committee
Accreditation committee
Expert committee
Dispositions, instructions
Normative acts
MANPOWER TRAINING
Nomenclature
Institutions
Scientific councils
Seminars
Theses		 Scientific advisers
Scientists
Doctoral students
Postdoctoral students
CNAA logo

 română | русский | english


Abusive clauses in bank credit agreements


Author: Grozavu Mircea
Degree:doctor of law
Speciality: 12.00.03 - Private Law (with specification: Civil, Family, Civil Procedure Law, Notary, Business, Informational, Private International, Labour Law, Social Protection Law)
Year:2023
Scientific adviser: Aurel Băieşu
doctor habilitat, professor, Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 24 March, 2023 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document – 0.38 Mb / in romanian
Adobe PDF document – 0.38 Mb / in english

Thesis

CZU 347.73/.74(043.2)

Adobe PDF document 2.82 Mb / in romanian
197 pages

Keywords

unfair terms, consumer protection, consumer, professional, bank loan agreement, liability, negotiation, imbalance

Summary

Thesis structure: ntroduction, 4 chapters, conclusions and recommendations, bibliography of 171 titles, 5 annexes, 186 pages of basic text. The results obtained are contained in 10 scientific publications.

Field of study: civil law and consumer protection law regarding the features of abusive clauses used in the field of bank credit agreements and how to counteract them. Purpose of the thesis: the paper aims to conduct scientific research to substantiate, identify and analyze the general conditions and the peculiarities of abusive contractual clauses in bank credit agreements in terms of legislation and jurisprudence in the Republic of Moldova, Romania and the European Union.

The objectives of the the thesis: the analysis and definition of the concept of abusive contractual clause and of the particularities determined by the nature of the bank credit contract; determining and analyzing the conditions laid down by law and comparative case law for a contractual term to be considered unfair; concretization and argumentation of the particularities of the abusive contractual clauses used in the credit agreements.

Novelty and originality of the thesis: the thesis addresses the highlighting of the features of abusive clauses by analyzing the legislation and practice of the courts of the Republic of Moldova, Romania and the practice of the Court of Justice of the European Union. The novelty of the research also consists in identifying the legislative imperfections.

Theoretical significance: the content of the paper can serve as a theoretical guide for training and teaching support in the disciplines: civil law and consumer protection law. Applicable value: the thesis gives the possibility to put into practice the elaborated study, the recommendations and proposals of lege ferenda