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Home / Yearbook nr. XX/2019 / Răzvan SCAFEȘ, Conflict of interest in the procedure of alternative dispute resolution between consumers and banking professionals

Răzvan SCAFEȘ, Conflict of interest in the procedure of alternative dispute resolution between consumers and banking professionals

Răzvan SCAFEȘ
Assist. prof., PhD., Faculty of Law, University of Craiova; Lawyer, Dolj Bar.
E-mail: razvan.scafes@yahoo.com

Abstract
The entities for alternative dispute resolution are formed in a system that is meant to reconcile the divergent positions between consumers and professionals. The banking field has a great potential for litigation in the consumer-professional relationship, considering the specificity of the credit agreements and the effects that the contractual clauses create from the point of view of the obligations assumed by the consumer. The settlement of disputes through conciliation methods by specialized entities in the banking field can function as an alternative method only in the case where the constituted entities are fully impartial and independent.

Keywords
consumer, banks, litigation, alternative dispute resolution, conflict of interest, credit agreement.

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