RISK COMMISSION. FROM MONEY LENDING TO BANK LOANS (English version)

The objective of this paper is to study the significance of the word commission, with special emphasis on the risk commission of bank institutions in relation to the legal requirements enforced by lawmakers, thus highlighting the abusive nature of this type of commission introduced in loan contracts, also making a short history of bank activities. Taking into account the chaotic legal background as well as the various misleading information sent to the population by means of the media to trigger a state of confusion determining inexperienced bank customers with good credit history and scoring to observe all contract clauses, I deem that it is necessary to make a thorough study of these bank commissions from the perspective of Law no. 193/2000 on abusive clauses concluded between commercial operators and consumers and especially according to the Government Emergency Ordinance no. 50/2010 on loan agreements for consumers. Moreover, by virtue of these regulations I wonder what is the impact of the article 969 and 970 of the Civil Law which enforce the principle of pacta sunt servanda or of the provisions of article 15 paragraph 2 from the Constitution which lays down the principle of law’s retroactive application. Another significant issue is that of the time when loan agreements are concluded, the consumer’s position being completely unequal to that of the bank; these are adhesion contracts whose clauses are pre-established by the lender without providing the other contract party the opportunity to change or remove some of these clauses