Troškovi obrade kredita u svetlu pravnih stavova Vrhovnog kasacionog suda Republike Srbije

Abstract

The paper is devoted to the analysis of the current legal problem of the validity and the way of including the contractual provision on the collection of loan processing fees. The analysis is carried out through a review of legal and by-law regulations, especially judicial practice, which is crowned by the legal positions of the Supreme Court of Cassation whose arguments are the main subject of observation. There are two diametrically opposed positions on this issue: according to the first, contracting this provision is not allowed, while according to the second, it is. The author supports the understanding of the Supreme Court of Cassation, and takes a position on the permissibility of contracting the clause on the collection of loan processing fees, primarily for reasons of the principle of freedom of contract, special laws that indicate the possibility of contracting this provision, but also for reasons of the logic of the functioning of the market. The author also considers the impact of the legal positions of the Supreme Court of Cassation on legal certainty in the Republic of Serbia.