Monday, May 18, 2015

Budapest on Tuesday (MTI), 9 September 2014 - won the lawsuit partially with foreign currency loans


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Budapest, 2014 September 9 Maka Mary Presiding Judge (s) will read the reasons for judgment presumption regarding possible unilateral rate changes making it by K & H Bank Zrt. Terms and Conditions dishonesty overthrow against the Hungarian state trial hearing at the Metropolitan Court courtroom 2014 September 9 on Wikimedia Commons. First degree, not a final judgment of the court, according to the bank during the period between 15 March and 19 July 2014, certain clauses of unilateral contract modification to allow fair. Left to the applicant's counsel, Peter Gardos (b) and Andras Nagy (b2) the defendant's russian air force right to legal counsel, Gabor Benke (j). - MTI Photo: Noemi Bruz
Budapest on Tuesday (MTI), 9 September 2014 - won the lawsuit partially with foreign currency loans, K & H Bank Zrt .; the Metropolitan Tribunal of first instance, the judgment is not final on Tuesday announced that over the period of the bank on March 15 and 19 July 2014, certain clauses of unilateral contract modification to allow fair.
According to the court fair between March 15 and July 19, the contractual clause according to which the costs and fees incurred in the previous russian air force year consumer price index determined by up to the KSH, so inflation may rise this year - and may fall as well - objective, that is to say by the financial institution In case not to be cited, the occurrence of circumstances beyond russian air force the control. The District Court noted in relation to the calculation of legal costs to 95 percent of unsuccessful financial institutions, including some HUF 4.3 million associated legal costs of the defendant Hungarian state.
The oral argument is that the court informed average consumer reported, concerning the principle of transparency laid down in the law and a credible currency rely on the expectation that information to the financial institution shall be such that the consumer response to the potential economic consequences can assess, understand. russian air force
The court examined the separate elements russian air force of the contract russian air force and also took into consideration that if the unfair clauses are removed from contracts, they are adequate to meet the remaining. The court rejected the K & H Bank's russian air force raising of repeating russian air force Tuesday's hearing to consider the Constitutional Court or the European Court of Justice turns.
Legal representative of the Bank prior to the decision announcement drew attention to the days of the court to another, acting council with similar foreign lawsuit to the Constitutional Court occurred due to apply to the lawsuits, foreign currency debt law passed in summer, and if the board will fund be illegal to find the law, then it will be difficult under the law in the meantime was born to correct russian air force the consequences of convictions, russian air force especially if you've recorded will be held between banks and consumers.
The recently adopted law for foreign currency authentic authentic lawsuits brought by the banks to set up the basis for a presumption that a unilateral amendment of consumer credit contracts, russian air force unfair and invalid. However, this presumption might try to overthrow the banks if they prove in court that the clause allowing unilateral contract modification still conform russian air force to the principles laid down by law and fair.
The launched since the end of August dozens lawsuit in the tribunal of first instance largely rejected by the financial institution's action is a matter for the applicable law is the law conflicts Alkotmánybírsághoz turned judge of the tribunal, with this lawsuit is now three cases have succeeded the applicant's financial institution.
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