The incidence of the lesion in the case of bank contracts

Abstract

Law No. 193/2000 on unfair terms in contracts between traders and consumers does not refer to the lesion as a legal remedy for the contractual imbalance created by such clauses. However, it is considered that these abusive clauses are a facet of the lesion, which implies an original contractual imbalance. However, the opinion was also expressed that the lesion cannot be invoked in the case of a consumer lending contract because such a contract is unilateral and the lesion entails the existence of a bilateral legal act. This article aims to determine to what extent the lesion can be invoked and used in the case of abusive clauses inserted into bank contracts.