Pre-agreement assessment as a responsible lending tool in South Africa, the EU and Belgium: Part 1

Responsible lending has become a very pertinent issue on the agenda of credit regulators across the globe who seek to combat the causes of consumer over-indebtedness. In this context the use of “pre-agreement assessment” as a tool to filter out those instances where, based on a consumer’s creditworthiness or ability to repay, credit should not be granted to such consumer, is a feature common to the lending regimes of various jurisdictions.This contribution consists of two parts: PartÂ1 provides a critical discussion of the reckless credit provisions of the National Credit Act 34 of 2005. Part... Mehr ...

Verfasser: van Heerden, Corlia Maritha
Stteennot, Reinhard n/a
Dokumenttyp: Artikel
Erscheinungsdatum: 2018
Verlag/Hrsg.: Faculty of Law
North-West University
South Africa
Schlagwörter: Responsible lending / reckless credit granting / pre-agreement assessment / affordability / creditworthiness
Sprache: Englisch
Permalink: https://search.fid-benelux.de/Record/base-26998282
Datenquelle: BASE; Originalkatalog
Powered By: BASE
Link(s) : https://perjournal.co.za/article/view/2950

Responsible lending has become a very pertinent issue on the agenda of credit regulators across the globe who seek to combat the causes of consumer over-indebtedness. In this context the use of “pre-agreement assessment” as a tool to filter out those instances where, based on a consumer’s creditworthiness or ability to repay, credit should not be granted to such consumer, is a feature common to the lending regimes of various jurisdictions.This contribution consists of two parts: PartÂ1 provides a critical discussion of the reckless credit provisions of the National Credit Act 34 of 2005. PartÂ2 detailsÂthe responsible lending measures contained in the EU Consumer Credit Directive and the EU Mortgage Credit Directive and providesÂan appraisal of the responsible lending measures introduced by Belgium, being a jurisdiction that has always been very pro-active in the context of consumer credit protection.