Justice appeared along with the first forms of organisation of human communities. At the dawn of civilisation, the conflicts that arose in human relationships were resolved directly by litigants and often ended in physical contact, where the strongest one became the right one. Gradually, people realised that they needed leaders, protection, and systems developed in order to ensure that the solution of a dispute is somehow objective.

Given that the problem of abusive clauses in loan contracts is currently at the forefront of public debate in Romania, as well as in other European States, I believe it is a subject of interest to analyse the conduct of the banks in Romania who have abusive clauses. My analisys is based on the decisions of the European Court of Justice in this matter, and the interpretation of the European rules in this situation.

In view of the positive effects on both theory and practice of maintaining coherence in legal reasoning, I aim to bring into focus the essence of ‘detention’ of property (n.ed. in Romanian, the concept is detenție precara; as it does not have an exact correspondent in English, we accepted to use this notion throughout this article; the term ‘detention’ has also been used in US law in relation to property law), a recurring concept in Romanian Civil Law.

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