Financialisation of the citzen: social and financial inclusion through european private law
In: Hart studies in commercial and financial law
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In: Hart studies in commercial and financial law
In: Modern studies in European law volume 45
In: Common Market Law Review, Volume 58, Issue 2, p. 391-430
ISSN: 0165-0750
The article discusses how the emergence of a policy of financial stability in international and European economic law has an impact on private relations, leading private law itself to become an instrument of financial stability. The result is an intersection of financial regulation and private law whereby financial regulation addresses consumer protection top-down and private law addresses financial stability bottom-up. The incorporation of the goal of financial stability nonetheless creates tensions in private law, since the latter aims at further objectives, occasionally leading to conflicts. The article shows how the accommodation of those objectives requires the striking of balances, and discusses instances in which case law of European courts arbitrated between different interests producing dissimilar results in different contexts. This casts further doubts on the consistency of the notion of financial stability as a policy or legal principle; despite its prominence at the international and European level, it unfolds in different forms depending on the interests at stake.
In: European review of contract law: ERCL, Volume 15, Issue 1, p. 1-30
ISSN: 1614-9939
Abstract
The awareness that consumer over-indebtedness is a problem which needs to be tackled through specific measures most clearly emerged at the end of a period in which increased availability of retail financial services was presented as a means to promote consumers' welfare. While, on the one hand, over-indebtedness is regarded as a problem to be counteracted, European law and policy, on the other hand, promote indebtedness, leading to a fragile equilibrium between opposing purposes which permeate the regulatory framework. How can the two objectives be reconciled, allowing for well-ordered development of a credit-based economy in which debtors in financial trouble are not left behind? This paper suggests the necessity of taking a holistic approach to over-indebtedness, starting from the assumption that, rather than being the manifestation of individual inability to properly deal with finance, the phenomenon is inherent to a credit economy and that modern law must therefore tackle it systematically through a combination of measures: private and public, contractual and non-contractual, preventive and curative, national and supranational. While articulating a critique of some of the rationales underlying 'debt law', the paper highlights the necessary interrelation between the possible legal strategies against household over-indebtedness and the need to coordinate them in order to reach an adequate level of protection.
In: Maastricht journal of European and comparative law: MJ, Volume 22, Issue 3, p. 472-476
ISSN: 2399-5548
In: European review of contract law: ERCL, Volume 11, Issue 1
ISSN: 1614-9939
In: European review of contract law: ERCL, Volume 10, Issue 2
ISSN: 1614-9939
In: European review of contract law: ERCL, Volume 8, Issue 3
ISSN: 1614-9939
In: Financialisation and its implications for private autonomy in consumer credit law, Observatorio del diritto civile e commerciale 1/2015, 227/246.
SSRN
In: EUI working paper law 2014/10
SSRN
Working paper
In: European Regulatory Private Law Project (ERC-ERPL - 07)
SSRN
Working paper