Proposed Eu Consumer Credit Harmonisation Directive
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Author | : Great Britain: Parliament: House of Lords: European Union Committee |
Publisher | : The Stationery Office |
Total Pages | : 132 |
Release | : 2005 |
Genre | : Business & Economics |
ISBN | : 9780104007372 |
Evidence taken before Sub-committee G, Social and Consumer Affairs.
Author | : Great Britain: Parliament: House of Lords: European Union Committee |
Publisher | : The Stationery Office |
Total Pages | : 176 |
Release | : 2006-07-05 |
Genre | : Political Science |
ISBN | : 9780104009116 |
Evidence taken before Sub-committee G (Social and Consumer Affairs).
Author | : Iris Benöhr |
Publisher | : OUP Oxford |
Total Pages | : 274 |
Release | : 2013-12-19 |
Genre | : Law |
ISBN | : 0191650641 |
Traditionally, consumer law has played an instrumental role in the EU as a tool for market integration. There are now signs in the new EU legal framework and jurisprudence that this may be changing. The Lisbon Treaty contains provisions affecting consumer law and, at the same time, it grants binding legal force to the EU Charter, which in turn adds a fundamental rights dimension to consumer protection. This evolution, however, is still at an early stage and may be thwarted by conflicting trends. Moreover, it may generate tensions between social objectives and economic goals. This book provides the first comprehensive analysis of these developments and examines new avenues that may be opening for consumer law, focusing on three key areas: financial services, electronic communication and access to justice. Through a systematic analysis of relevant cases, the book traces the development of a human rights dimension in consumer law and details the ramifications that the post-Lisbon legal framework may have on consumer protection and policy. This book concludes by proposing new directions in consumer law, striking a compromise between social and economic demands.
Author | : Nora Beausang |
Publisher | : Bloomsbury Publishing |
Total Pages | : 2649 |
Release | : 2021-12-16 |
Genre | : Law |
ISBN | : 1526515881 |
With 2000+ pages of guidance, this important new textbook provides an extensive and in-depth guide to the current labyrinthine regulatory regime relating to consumer and SME credit (by way of cash loans) and protection generally, including the Consumer Protection Code, the Consumer Credit Act (housing loans and non-housing loans), the EU Consumer Credit Regulations, the EU Mortgage Credit Regulations and the Central Bank Housing Loan Regulations. Other lending-related conduct of business requirements are also covered in detail, including the Code of Conduct on Mortgage Arrears, the Lending to SME Regulations, the Code on Related Parties Lending and the Credit Reporting Act, together with applicable EBA/ECB Guidelines dealing with loan origination, product oversight and governance, non-performing exposures/loans and arrears. The regulated activities triggering authorisation as a retail credit firm or credit servicing firm are also addressed in detail. The book additionally extends beyond lending to have application to the wider business of regulated firms in the financial services arena, dealing in detail with issues including the general principles and requirements of the Consumer Protection Code,the fitness and probity regime including the area of minimum competency, distance marketing requirements and other background to the regulatory regime in Ireland including the increased regulatory focus on the culture of regulated firms and product oversight and governance. The available redress/recourse mechanisms are also covered, including the Financial Services and Pensions Ombudsman, the Credit Review Office, the regulatory and other consequences of breach of applicable requirements and the significant risk management area for regulated firms of their customers' statutory right to redress on breach of financial services legislation. In addition, the book has relevance to professionals dealing with consumers in any contractual context including extensive treatment of how the concept of 'consumer' has developed under common law, the unfair commercial practices regime and the increasingly topical area of unfair contract terms legislation. Relevant case law of the Irish courts and other common law jurisdictions, together with an expanding corpus of decisions from the CJEU, are addressed in detail. This book's practical style is designed to assist bankers, other regulated firms, lawyers, compliance professionals and regulators in the application of a complex area. Rather than simply setting out the separate requirements, the book seeks to navigate the at times contradictory legislative and regulatory strands to give (in so far as is possible) a coherent sense of how they integrate. Much of the content is unique and cannot be found in any other publication. An essential addition to the library of every lender, practitioner and compliance and regulatory risk professional, particularly in the areas of consumer and SME credit.
Author | : John Macleod |
Publisher | : Routledge |
Total Pages | : 1152 |
Release | : 2009-06-02 |
Genre | : Business & Economics |
ISBN | : 1135241872 |
Subject-matter of the supply contract : goods and price -- Regulation of business -- Consumer protection and the criminal law -- Consumer protection and instalment credit -- Licensing -- Moneylending -- Seeking business -- Formalities of the agreement -- Formation of the agreement -- Contractual terms -- Undertakings as to title -- Undertakings as to quantity and quality -- Undertakings as to fitness and satisfactory quality -- Other implied terms and obligations -- Financed transactions -- Product liability -- Exclusions and disclaimers -- The effects of the contract -- The passing of property -- The transfer of title -- Risk and impossibility -- Delivery and possession -- The unpaid supplier's possessory rights -- Security for the price -- Discharge of contractual obligations -- Remedies of the supplier : creditor or owner -- Enforcement by public authorities -- Remedies of the transferee : "debtor or hirer".
Author | : Daniela Vandone |
Publisher | : Springer Science & Business Media |
Total Pages | : 142 |
Release | : 2009-07-21 |
Genre | : Business & Economics |
ISBN | : 3790821012 |
Consumer credit has become a topical issue for researchers, regulators and the banking industry in Europe as a result of increasing market integration, regulatory changes and a growing tendency of households to use debt to finance consumption. This study uses a cross-country approach to look at a broad range of issues related to consumer credit in Europe. Focusing on both the supply and demand sides, it takes into account the structure and performance of financial intermediaries, the socio-demographic and economic profile of households and their risk of over-indebtedness, as well as the regulatory framework, such as the new Consumer Credit Directive. In the light of this analysis, measures for the prevention and management of over-indebtedness are presented. This book is essential for postgraduate students and specialists in financial institutions, for regulators and policy-makers who are in charge of efficiency and stability of financial systems.
Author | : James Devenney |
Publisher | : Cambridge University Press |
Total Pages | : 337 |
Release | : 2012-07-12 |
Genre | : Law |
ISBN | : 1139536559 |
Produced under the auspices of an EU-funded Marie Curie research programme, this volume analyses vulnerability in European private law and scrutinises consumer protection in credit and investments in the context of the recent turmoil in financial markets and EU harmonisation initiatives in the area. It explores key issues such as responsible lending, the disclosure of information, consumer confidence, the regulation of consumer investment services and the protection of bank depositors. The chapters emanate from the 'Consumer Protection in Europe: Theory and Practice' duo colloquium which explored consumer protection in Europe in its theoretical and practical dimensions. These topics are even more relevant today given the passage of the Consumer Rights Directive, the appointment of an Expert Group on a common frame of reference, the Green Paper on European Contract Law and the ongoing deliberations surrounding the Common European Sales Law.
Author | : Great Britain: Parliament: House of Lords: European Union Committee |
Publisher | : The Stationery Office |
Total Pages | : 196 |
Release | : 2009-07-15 |
Genre | : Business & Economics |
ISBN | : 9780108444593 |
Evidence taken before Sub-committee G (Social Policy and Consumer Affairs)
Author | : Great Britain: Parliament: House of Lords: European Union Committee |
Publisher | : The Stationery Office |
Total Pages | : 68 |
Release | : 2006-02-14 |
Genre | : Law |
ISBN | : 9780104008164 |
The European Commission want to set up a European Institute for Gender Equality to collect and analyse data, carry out research and promote exchanges of information and good practice about gender issues in the EU. The European Union Committee expresses the view that a separate body of this kind is not needed, and that more consideration should be given to the case for incorporating gender equality work in the proposed European Fundamental Rights Agency. The Committee also states that the establishment of such a body requires a good management structure along with adequate funding. The Committee further states that the Government should take a clear and consistent line on the correct legal base for this and similar proposals.
Author | : Miriam Anderson |
Publisher | : |
Total Pages | : 460 |
Release | : 2017 |
Genre | : Housing |
ISBN | : 9789089521989 |
How has European Private Law responded to the property and mortgage markets crisis? And in what way is this reaction likely to model domestic systems? The financial and economic crisis that marked the beginning of the century has had a devastating effect on the property and mortgage markets in many Member States of the European Union. Despite this, the European legislator took its time to respond. This book analyzes the impact of the Mortgage Credit Directive (Directive 2014/17) in twelve different jurisdictions: Belgium, England, France, Germany, Greece, Ireland, Italy, Malta, The Netherlands, Poland, Portugal, and Spain. The reports show how in some instances only certain products (such as foreign currency loans) or practices (irresponsible lending, homeownership promoting policies, the use of unfair terms) were factors that triggered the property crash; in other cases; the system completely failed to address an exceptional situation; and, finally, how in some instances prudent lending explained why the market was virtually not hit at all. This book aims to find out whether the two goals of Directive 2014/17 (financial sector stability and enhanced consumer protection) can be achieved in light of its provisions and of the transposition carried out by the different Member States, and whether the changes it introduces have a significant impact in the jurisdictions considered here. Some systems are already showing signs of yet another property bubble. There is room for hope: perhaps we have learned from the past, perhaps the Directive is a step forward, but more importantly this book shows that we can learn from each other. [Subject: European Law, Private Law, Property Law]