CCR: Law on debt discharge, partially unconstitutional

The Constitutional Court (CCR) judges have admitted on Tuesday exceptions to the law on debt discharge and rejected others, CCR President Valer Dorneanu said, adding that it can be said that the law is partially unconstitutional.

“Basically, we upheld the objection of unconstitutionality, it was found that the term ‘and the devaluation of real estate’, a phrase included in Art. 11, thesis I, is unconstitutional. (…) However, the lawsuit was about paying the contract, it was not about real estate and this point of view will be eliminated,” Dorneanu said.

CCR President said another exception has been partially accepted, the one concerning the existence of unpredictability.

Valer Dorneanu explained the two exceptions of unconstitutionality. “From our analysis, it appeared that all contracts were concluded during 2007-2009 on the basis of the former Civil Code and thus all our unpredictability theory does not apply in these cases,” Dorneanu said.

“We have received so far over 700 cases from banks or borrowers, for 581 of them reports are being drawn. Today we decided on a block of 25 files, 8 files have been adjourned to October 27. Our wish is to give a fair solution to be understood and to be accepted by the banks and by borrowers,” CCR President Valer Dorneanu added.