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.