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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, Romania.
E-mail: razvan.scafes@yahoo.com

Published on December 29, 2019

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.

References:

  1. Government Ordinance no. 38/2015 was based on the provisions of Regulation (EU) no. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online settlement of consumer disputes and amending Regulation (EC) no. 2.006 / 2004 and of Directive 2009/22 / EC (Consumer Regulation on SOL).
  2. Juanita Goicovici, Consumer Law, Sfera Juridică Publishing House, Cluj-Napoca, 2006.
  3. Lucian Bercea, Bank Credit Agreement. An attempt to conceptualize, in Lucian Bercea (publisher), Bank Credit Agreement. The principles, the law, the customs, Bucharest, Universul Juridic Publishing House, 2014.
  4. Lucian Săuleanu, Enforcement of bank credit contracts – Theoretical and practical aspects, in Lucian Bercea (editor), Bank Credit Agreement. The principles, the law, the customs, Bucharest, Universul Juridic Publishing House, 2014.
  5. Lucian Bercea, Normative instruments for the protection of the over-indebted consumer. (Again) on normative convergence and competition instead of editorial, Romanian Journal of Business Law, no. 5/2016, Wolters Kluwer Publishing house.

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