TBK Article 27: Excessive interest or penal clause can be reduced by the judge.
Symptoms of Excessive Interest
- Exceeding the legal interest rate
- Above market standards
- To the detriment of the consumer
- Unilaterally imposed
Judge's Discretion
- Detection of excessiveness
- Reduces to fair rate
- The rest of the contract is valid
Partial Invalidity of the Contract
- Only the extreme part is invalid
- The contract continues
- Legal interest is applied
Supreme Court 13. HD
13. HD adopts that "market conditions + rights balance" should be evaluated when determining excessive interest.
Debts lawyer is recommended.