La obligación del prestamista de evaluar la solvencia del consumidor

Resumo

The duty to assess consumers’ creditworthiness of lenders has been assigned a very important role within the legal tools created to perform the EU responsible lending policy. The European Directives that are in the origin of this duty do not define its content with precision. The legal consequences attached to the duty are also to be decided by the member States. This thesis analyses the basic criteria that must be used to comply with the duty to assess consumer’s creditworthiness established by the European and national legislation. Likewise, this dissertation also considers the efficacy of the administrative sanctions settled in the Spanish legislation and review the Private Law remedies to compensate the consumer after the breach of the creditworthiness assessment duty.