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In the editorial board of journal Pravnik, we strive to ensure that different areas of law are represented in individual issues of the magazine, while at the same time, the criteria for publication in an individual issue is also the topicality of the discussed topic.

Number 3-4/2024

To Recognise the Right to “Free” Credit is Impermissible and Absurd

In Slovenia, banks once routinely concluded credit contracts with a currency clause in Swiss francs, as was either permitted or mandated by law. The current regulation of these credits presents challenges, both in terms of retroactivity and the principle of legal certainty. The majority of banks in Slovenia fulfilled their explanatory duty adhering to the then-current legislation. Furthermore, the involvement of a notary and explicit warnings in the credit agreements in- dicate that the majority of credit agreements in Swiss francs in Slovenia either meet the conditions or meet the standard that these agreements do not contain unfair terms. Consequently, practices that were entirely normal a decade ago are now deemed unfair. The article is a short report from a lecture by Minu An- amaria Gvardjančič, PhD, a lawyer from Ljubljana who deals with such cases in the courts.

Key words: currency clause, credits, information duty, Swiss francs, CHF, Supreme Court of the Republic of Slovenia.


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Number 5-6/2024

Numerous Issues Regarding Loans in Swiss Francs Remain Unresolved

The contribution is a report from the XXII professional meeting Dnevi civilnega
in gospodarskega prava (The Days of Civil and Commercial Law), organised
by the Institute for Comparative Law at the Faculty of Law and the Faculty
of Law of the University of Ljubljana. The event took place on 18 and 19 April
2024 in Portorož, Slovenia. The event was divided into four panels: Civil Legal
Aspects of Cyber Security, Mutually Unfulfilled Contracts, The Role of Artificial
Intelligence in Management and Supervisory Bodies, and Jurisprudence
in Jurisprudence. The main focus of the article is on the panel on case law,
particularly addressing the current topic of loans in Swiss francs and the bank’s
duties in relation to them. The presentations, and above all the lively discussion
that followed, made it clear that many questions regarding judicial review
in Swiss franc loan matters remain unresolved. Among these is the essential
question of the retroactivity of judicial practice.


Key words: currency clause, loans, information duty, Swiss francs, CHF, Supreme
Court of the Republic of Slovenia, Court of the EU, BNP Paribas.
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