National Case Law in Setting Bail Suspending Credit Enforcement in Disputes between Consumers and Professionals from the Perspective of Art. 1 of Additional Protocol no. 1 of the Convention

The enforcement of a bank loan credit presents is often imagined as a major abuse of professional's dominant contractual position. This is why the opposition to enforcement is seen by a significant part of the civil society as a judicial way that must be less restrictive for the costumer to use, especially by means of bail suppression. This state of affairs brings up the selected subject as one with a significant potential for scientific research. The present article replies with a summarized study on the main court rulings that created the existing contradiction at the Romanian and European Union level of case-law concerning the protection of the consumer's rights. The analysis of the mentioned rulings will be realized from the standpoint of the existing normative regulations and also form the standpoints of the law and economics doctrine, with the main purpose to bring clarity in a field that is mainly speculative in the present time. (C) 2016 Published by Future Academy www.FutureAcademy.org.uk