An alternative calling for banks: Fortune telling

The Supreme Court for Civil Matters regularly deals with general terms and conditions of banks. A recent decision deals with a consent implying clause in general terms and conditions. Consent implying clauses allow one party to imply consent of the other party to an amendment of a contract – subject to certain requirements stipulated in the Consumer Protection Act and the Payment Services Act. The Supreme Court for Civil Matters derives from the requirement of transparency an obligation to inform the consumer about the reasons of an amendment – at the time of the conclusion of the consent implying clause. This shall minimize the risk of future passivity of the consumer. How the bank is supposed to know the reason for a future contract amendment in advance is a different question. (10Ob60/17x)
30. March 2018