First check: is the borrower a consumer?
Law No. 193/2000 protects contracts between traders and consumers. In lending, the question is whether the individual acted outside their professional activity. A company loan for business purposes does not automatically fall within this regime, even if the financing has become burdensome.
For an individual guarantor or co-borrower, the assessment concerns their actual role and connection with the principal debtor. Consumer status is not determined solely by the name of the banking product. This article is current as at 14 September 2026.
When a term may be unfair
Article 4 of Law No. 193/2000 addresses a term that was not individually negotiated and, contrary to good faith, creates a significant imbalance to the consumer’s detriment. The assessment considers the whole agreement and the circumstances in which it was concluded.
Standard-form contracts are not prohibited in themselves. However, the client’s signature does not prove that every term was negotiated. A trader claiming that a standard term was negotiated bears the burden of proof. Review of the main subject matter and the price-to-performance relationship is restricted where terms are in plain, intelligible language; transparency must be assessed in context.
Interest, charges and contractual changes
Variable interest linked to an agreed index differs from an unrestricted power to change costs. The calculation formula, variation conditions and information given to the client must be checked. Likewise, the label “administration fee” alone proves neither unfairness nor lawfulness.
The annual percentage rate of charge (APR), total amount payable and repayment schedule should be read together. APR calculation is governed by statutory rules, including for non-bank loans within their scope; it is not simply left to the lender’s discretion.
- Check terms governing changes in costs and acceleration of the loan.
- Compare the promised service with the amounts actually charged.
- Examine penalties and restrictions on the right to challenge or terminate.
Emergency Ordinances Nos. 50/2010 and 52/2016 have different scopes
Government Emergency Ordinance No. 50/2010 governs consumer credit within its scope, subject to statutory exceptions. Emergency Ordinance No. 52/2016 concerns credit for immovable property and certain secured or related loans. Both may impose requirements for information, costs and the contractual relationship.
The applicable legislation is not selected solely by whether the lender is a bank or non-bank institution. The loan’s purpose, security and contract date matter. Transitional provisions prevent all new rules from being applied indiscriminately to older agreements.
Law No. 243/2024: borrowing costs and assigned debts
Law No. 243/2024 establishes a special regime for relationships with non-bank financial institutions and debt recovery entities within its defined scope. Caps vary by loan category and value. They should not automatically be extended to all bank loans; assigned claims also require separate assessment.
If the applicable caps are exceeded, the consumer may seek revision, and the law requires a written proposal from the creditor within 30 days. Judicial adjustment and suspension of the agreement’s effects have their own conditions. For agreements existing when the law entered into force, Article 10 requirements also matter, including arrears status; the comparison must use the cap applicable to the agreement under review.
From document review to the appropriate remedy
The file should contain the agreement, general terms, amendments, successive schedules, payment records and notices. A request to the creditor should identify the term, financial effect and desired remedy. Depending on the case, a complaint to the consumer protection authority (ANPC), alternative dispute resolution or court proceedings may be considered.
A finding that a term is unfair seeks to remove its effects; continuation of the agreement and repayment of sums require separate analysis. Limitation of monetary claims also needs its own review. A complaint or lawsuit does not automatically suspend all instalments or enforcement. If enforcement documents have been received, deadlines should be checked immediately.
Legal assistance with a credit agreement
Murar și Asociații can examine terms and payment history, explain available remedies and assist with submissions to the creditor or court representation. The analysis must distinguish a breach of law, an unfair term and payment difficulty that may require renegotiation.
Useful questions
Is every bank charge unfair?
No. The applicable rule, wording, transparency, service provided and effect on the contractual balance must be assessed.
Can I stop paying instalments if I challenge the agreement?
A challenge does not automatically have that effect. Suspension requires a legal basis and compliance with the applicable procedural requirements.
Legal sources
- Law No. 193/2000 on unfair contract terms — Articles 2, 4, 6–7, 13¹ and the annex; consolidated version consulted on 14 September 2026.
- Government Emergency Ordinance No. 50/2010 on consumer credit agreements — Articles 2, 7, 35–36, 46, 72–73 and 95: scope, costs, APR and temporal application.
- Government Emergency Ordinance No. 52/2016 on credit for immovable property — Article 2, information and APR provisions, Articles 59–60 and 135; consolidated version consulted.
- Law No. 243/2024 on total borrowing costs and assignment of claims — Articles 1–2, 4–8, 10 and 12: non-bank lenders/debt collectors, caps, revision, existing agreements and assignment.
This analysis provides general information by reference to the sources and date stated. Advice on a specific situation depends on the documents, applicable law and any transitional rules.