The borrower took out a foreign currency loan with the defendant bank in 2004. It was not until 2018 that he sued for cancellation and rescission. He based his claim, among other things, on the fact that the exchange rate had not been determined. The Supreme Court has now ruled that the loan agreement cannot be rescinded.. Anyone wishing to invoke the invalidity of an ongoing contract would have to inform his contractual partner of this in a timely manner. However, the borrower had received account statements and annual statements from the bank for 18 years and had not objected to them. (4Ob208/21y)
Rescission of a foreign currency loan
