LJUBLJANA – In a debate about the Swiss legal loans agreements, the High Court refused to review the undesirable advocates and convinced the low courtesy who did not have the agreement unused void loan. So, last epilogue on the invalidity of the contracts; The first is one of the issues related to credit agreements in francs.
According to the decision of the High Court Assembly, who made a decision on the case, an explanatory responsibility was made; Banking correctly and correctly in this case, so it should be considered and # 39; contract for the payment of foreign currency loan, in the & # 39; In this case, it is clear and easy to understand. So, the panel did not make any other assessment of integrity (non-) the main issue of its agreement, the High Court today said.
This is one of the cases going to court because the Swiss Bank has eliminated Swiss currency in early 2015 at 1.20 francs per euro, which has adversely affected by a petitioner in the Swiss francs. Given that there are no systematic arrangements for the problems Frank's Association is going on, the courts are solved by individual issues of bank yards.
In this case, the three applicants ask, in the context of a primary application, that both credit unions were denied. This was determined by the fact that a foreign currency loan decision prohibited the mandatory rules that the agreement of the credit union had not agreed to be a contract between the parties and that the bank should not fulfillment duty.
In determining the reasoning, the High Court stressed that, in the case of Roman lenders, the Court of Justice was criticized in the case of Andriciuc, Here are instructions to assess the suitability of fulfilling their defining role, especially because the level of user information needs to reach a specific, rather than a & # 39; order the right way to know. They remembered that these contracts were finalized, and Swedish law or the EU did not have such specific requirements.
The lender must be aware of the ability to increase or reduce the value of foreign currency in which he must repay the loan, and have an economic impact on the & It could be important. However, the worrying concern to the user, as the Supreme Court has said, is not in accordance with the individual's concept as a reasonable, attentive, independent, and free subject that is capable of accountable decisions , economic, life and personal. The balance between them represents a clear role.
The High Court also said the same decision in another case. He banned the decision of the High Court when the French Swiss credit was disbanded, but his case was returned to the senior court for a new lawsuit.