SLOBODA UGOVARANjA I NAKNADA ZA USLUGU OBRADE KREDITA U PRAVNOM PROMETU REPUBLIKE SRBIJE

Abstract

Freedom of contracting assumes the economic and social equity of the contracting parties. Since absolute equality does not exist and most contracts of modern legal transactions are concluded on the basis of the general conditions of business of one of the contracting parties and/or as an adhesion agreement, "intervention" of the legislator is necessary in order to provide adequate legal protection for economically inequitable entities. The above stated aim is most often sought by the legislator to achieve by adopting imperative legal regulations which precisely limit the autonomy of the will of the contracting parties. Accordingly, the author deals with the interpretation of the reaching and meaning of the imperative legal regulations contained in the Law on Obligations, the Banking Law, the Law on the Protection of Financial Services Users and by-laws that limit the freedom to contract a loan processing fee. The subject matter of the analysis in the work was also the nullity of the provision that provides for the collection of a loan processing fee in a percentage of the total amount of the loan, which is containnged in the loan agreements concluded in accordance with the Law on Protection of Financial Services Users.