„Swiss franc loans” and liabilities
Dubois
The team of lawyers specializing in handling court disputes regarding so-called “Swiss franc loans” provides legal assistance to consumer-borrowers who have entered into mortgage loan agreements indexed or denominated in a foreign currency, particularly the Swiss franc (CHF). In the cases of “Swiss franc loans” handled so far, the Dubois & Partners law firm has obtained a number of favorable outcomes for its clients, in line with individually tailored litigation strategies.
Legal assistance in the aforementioned scope includes:
- representing borrowers in lawsuits seeking:
- annulment of the loan agreement and reimbursement of payments made by the borrowers;
- “de-swiss francization,” i.e., determining the ineffectiveness of certain provisions of the agreement and refunding overpaid portions of installments;
- representing borrowers in lawsuits seeking the removal of enforceability from the enforcement title;
- representing borrowers in cases initiated by the bank, particularly regarding loan agreement termination, to reduce or eliminate the debt balance owed to the bank;
- representing clients in negotiations with banks aimed at amicably resolving disputes related to “Swiss franc loans”;
- conducting interim measures proceedings within initiated processes to judicially suspend loan installment payments during the trial and prohibit banks from terminating loan agreements due to non-payment;
- representing borrowers in lawsuits seeking reimbursement of premiums for low down payment insurance (UNWW).
The law firm provides legal services in the preparation, review, and negotiation of contracts, primarily focusing on safeguarding the interests of our clients and ensuring the effective enforcement of contractual obligations. The firm’s practice includes various types of contracts, including daily life contracts (e.g., sale of movables, residential lease), financial contracts (e.g., loans, leases), employment-related contracts (e.g., service contracts, agency contracts), “production” contracts (e.g., work contracts, construction contracts), contracts of personal significance (e.g., life annuity, pension, renunciation of inheritance), and many others.
The law firm advises and represents both entrepreneurs and consumers in disputes related to the enforcement of contract performance as well as those concerning non-performance or improper performance of obligations. The firm provides legal assistance in disputes regarding contractual damages, substitute performance, warranties and guarantees, contractual penalties, preliminary contracts and deposits, unfair contract terms, effectiveness of contract termination or assignment, both in the pre-litigation phase and in court proceedings.