Deciding on the request by the Municipal Court in Mostar, the Supreme Court of FBiH reached a decision on solving disputable legal issues regarding the increasing number of cases of lawsuits for credits in Swiss francs which are being led before the Court in Mostar. The decision was published on the webpage of the Supreme Court of FBiH.
According to the viewpoint of the Supreme Court of FBiH, contracts on credit signed between physical entities and banks in CHF, whose payment was conducted in BAM, in the currency in which the annuity and interest rate payment is also being conducted, are contracts with a currency clause, not foreign currency credits.
The Foreign Exchange Law of FBiH foresees a possibility for conclusion of such contracts between domestic physical entities and banks, so it is not about a void legal transaction in terms of articles 103 and 105 of the Law on Obligations.
Moreover, the Supreme Court of FBiH pointed out in the decision that provisions in the credit contract which refer to the variable interest rate, which contains precise definition of fixed and variable part of the interest rate, are defining enough from the aspect of obligations, so they do not represent a void provision in terms of the article 47 of the Law on Obligations.
With this decision, the Supreme Court of FBiH solved the perennial dispute between banks and clients who took credits in CHF. It is evident that the Supreme Court of BiH rejected the claims that such credits were not allowed and that such contracts are therefore void.
Given that the Law on Civil Procedure of FBiH precisely stipulates that when the Supreme Court of FBiH solves a disputable legal issue, parties in the procedure in which the same legal issue is being brought up do not have the right to demand its solving in the procedure which is ongoing, it appears that in this way an end was put on all court trials regarding credits in CHF in the part which refers to the legality of the currency clause and the contracting of a variable interest rate.
(Source: klix.ba/photo: vecernji.ba)
