Present situation of abusive terms in loan agreements between professionals and consumers

Abstract: Abusive contract terms that are included in loan agreements give a bank the right to amend such agreements unilaterally, without any actual negotiation of the new terms, thus creating a significant unbalance between the two contracting parties. According to these banks, the justification of these amendments lies in the evolution of the financial market and of the bank’s loan policy. However, these justifications exceed the principle rebus sic standibus and good faith. Moreover, they deprive consumers of their right to cancel the agreement immediately.
Key words: abusive contract terms, loan agreement, consumer, negotiation, unilateral amendment.