Žrtve in zmagovalci sage o kreditih v švicarskih frankih

slovenian

2025

volume 80, issue 3/4

bank   credit   legal certainty   retroactivity   Supreme Court of the Republic of Slovenia   Swiss franc

Univerza v Ljubljani, Pravna fakulteta
(Obvezni izvod spletne publikacije)

Two years ago, the Supreme Court of the Republic of Slovenia completely changed its position on loans denominated in Swiss francs - a total reversal of the case law that the court had unanimously upheld five years earlier. Although no significant changes have occurred in the intervening case law, doubts have meanwhile arisen regarding the impartiality of some judges. It emerged that one of them is a judge whose appearance of impartiality can legitimately be challenged. At first sight, it may seem odd that such a revelation can so seriously undermine public expectations of the judiciary and the authority of its decision-making, yet trust is an exceedingly fragile commodity. Above all, this episode compels us to re-examine the arguments for the previously described - and, to the author, still incomprehensible - reversal of case law. The author is convinced that the case law as formulated by the Supreme Court of the Republic of Slovenia carries a price: not only in the form of uncertainty and the erosion in confidence in contract law or the principle of the rule of law - principally threatened by retroactive legal regulation - but also in the form of demonstrably higher credit costs for future borrowers.

20.07.2026