A Roundtable Discussion on “The Possibility of Nullifying Mortgage Loan Agreements Indexed to Swiss Francs because of a Change in Circumstances”
On Friday, the 21st of February, 2020, there was a roundtable discussion at the Ceremonial Hall of the Faculty of Law, and the subject was “The Possibility of Nullifying Mortgage Loan Agreements Indexed to Swiss Francs because of a Change in Circumstances”. The participants of the roundtable were Prof. Dr Boris Begović, Prof. Dr. Miloš Živković, Prof. Dr Mirjana Radović, Ass. Prof. Dr Katarina Dolović Bojić, and assistants Nikola Ilić and Ana Odorović. Keeping in mind the inconsistency of the court practice regarding this matter, and the fact that the Supreme Court of Cassation, in a recently issued legal opinion, does not take a firm stand on whether or not the rise of the Swiss franc can be considered a change in circumstances, we might conclude that the question of nullifying the said agreements remains open. This is precisely what inspired the participants to gather and try to approach this issue from both an economic and legal perspective, and reach certain conclusions. The participants have agreed to turn all of the ideas and opinions discussed at the roundtable into papers which will be published in a collection by the end of this year. This is actually the second roundtable dedicated to the loan agreements indexed to Swiss francs to be organised at the Faculty of Law. The first gathering was held in September; it was dedicated to the recently passed Law on the Conversion of Housing Loans Indexed in Swiss Francs, with Prof. Dr Marija Karanikić Mirić as another participant in the discussion.