Volume 3, Issue 3, September 2020, Page: 140-153
Critical Review of the Practice of Courts of Bosnia and Herzegovina in Resolving CHF Loan Disputes
Adriana Pranjic, Faculty of Law, University in Mostar, Mostar, Bosnia and Herzegovina
Stjepo Pranjic, Faculty of Law, University Vitez, Travnik, Bosnia and Herzegovina; Competion Council of BiH, Sarajevo, Bosnia and Herzegovina
Received: Aug. 18, 2020;       Accepted: Sep. 7, 2020;       Published: Sep. 19, 2020
DOI: 10.11648/j.ijls.20200303.18      View  58      Downloads  49
The practice of BiH courts in resolving CHF loan agreement disputes is poor. By Decision, No. AP-962/20 and Decision, No. AP-3877/17 of the Constitutional Court of BiH, they were rejected as inadmissible appeals, as they were allegedly prima facio unfounded. Appeals were filed against the judgments of the FBiH Supreme Court. All judgments of the Supreme and lower courts in BiH are challenged because they were made in a decisive reference to the decision of the Supreme Court of the FBiH, No. 58 0 P 135023 16 Spp, dated 25.05.2016, which is a circumvention of rights and justice. In fact, in terms of Article 61 of the Law on Civil Procedure, “Official Gazette of the F BiH” no.: 53/03, 73/05, 19/06 and 98/15 (LCP), the Supreme Court, in that decision, expressed its understanding on legal issues from the subject of the loan agreement with a currency clause in CHF. It is obvious that these are not legal, but factual issues. If these were legal issues, then the courts would simply cite explicit answers to those questions as solutions to the law rather than constructing them linguistically. The first-instance court could not in any way refer to the legal understanding of the Supreme Court according to which the interest margin is sufficiently determinable without determining whether the contract contains information on the interest margin in the sense of Article 26, Article 50, Article 1065 and Article 1066 of the Law on Obligations, "Official Gazette of the SFRY," no. 29/78, 39/85, 45/89, 57/89, "Official Gazette of R BiH," no. 2/92, 13/93, 13/94, "Official Gazette of the F BiH," no. 29/03, 42/11. (LO). The courts could not reject the plaintiffs' claims for the return of unjustifiably higher interest collected, when this was proved by the Finding and the expert opinion.
Judicial Practice, A Currency Board, Foreign Currency Loan, Currency Clause Indexed to the CHF, Libor, Variable Interest Rate
To cite this article
Adriana Pranjic, Stjepo Pranjic, Critical Review of the Practice of Courts of Bosnia and Herzegovina in Resolving CHF Loan Disputes, International Journal of Law and Society. Vol. 3, No. 3, 2020, pp. 140-153. doi: 10.11648/j.ijls.20200303.18
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