This master's thesis examines the legal consequences of unfair contract terms in consumer loan agreements denominated in Swiss francs (CHF). Although Council Directive 93/13/EEC provides that unfair contract terms are not binding on consumers, it does not regulate most of the legal consequences arising from such unfairness. These issues are therefore left to the national legal systems of the Member States, which must ensure both the full effectiveness of the Directive and effective consumer protection.
The thesis is based on the case law of the Court of Justice of the European Union and the Slovenian courts. It examines how the finding of an unfair contract term affects the future validity of a loan agreement and the legal relationship between the contracting parties. Particular attention is devoted to whether the legal consequences required by the case law of the Court of Justice of the European Union can be reconciled with Slovenian legislation, and to how the relevant national legal concepts should be interpreted to ensure the effectiveness of Directive 93/13/EEC. In this context, the thesis analyses the consequences of nullity, the requirements for and the possibility of partial nullity, restitution claims, unjust enrichment, limitation periods for restitution claims, and the effects of nullity on mortgage security. It also presents selected comparative legal solutions.
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