Skip to content Skip to sidebar Skip to footer

Case No. 463/8617/22 dated 05/03/2025

Here is the translation of the legal text summary:

1. Subject of Dispute: Recovery of penalty for late fulfillment of monetary obligation under a credit agreement and compensation for moral damages.

2. Main Arguments of the Court:
– The creditor’s right to accrue interest under the credit agreement terminates after the end of the loan term or upon presentation of a demand for early repayment
– The court decision from 2014 changed the conditions of the main obligation regarding the contract’s validity period
– The plaintiff has already exercised the right to compensation for moral damages in another case, therefore repeated recovery is not permitted

3. Court Decision: Deny the recovery of penalty and partially modify the motivational part of the decision regarding the refusal to compensate moral damages.

Note: The court deviated from previous practice in terms of interpreting the grounds for penalty accrual and moral damages compensation.

Full text by link

Leave a comment

E-mail
Password
Confirm Password
Lexcovery
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.