Echoes of the Future Legal Regulation of Consumer Credits in not only Czech law
| Authors | |
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| Year of publication | 2009 |
| Type | Chapter of a book |
| MU Faculty or unit | |
| Citation | |
| Description | In my paper I give three short remarks on the draft regulation and its European model. The first remark concerns the lack of consumer protection when bills of exchange or checks are used for paying or securing in connection with consumer credit. My second remark deals with the negative definition of consumer credit in the Directive pursuant to which credit agreements which are secured by a mortgage or by another comparable security are not to be considered consumer credits. The Czech lawmakers made this exception considerably narrower by cumulatively requiring meeting a certain purpose of the contract which is basically the purchase of a real property. The third remark then criticizes the stereotypical attitude of Czech lawmakers to choice of sanction for not meeting established requirements of the contract on consumer credit. Public law sanction takes precedence. |
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