Consumer protection in credit agreements for consumers relating to residential immovable property. Confrontation between the solutions proposed by Directive 2014/17/EU and those enshrined in the consumer credit’s legal regime

Cláudia Silva Castro

Keywords

Consumer; consumer protection; consumer law; credit agreements for consumers; mortgage credit to consumers; APRC; Decree Law no. 133/2009; Directive 2014/17/EU

Abstract

The present essay's aim is part of the latest problematic of over indebtedness of modern societies and how the community legal order, in particular the Portuguese system, has played the arduous task of consumer protection for credit agreements, focusing on contracts credit for residential property. With this topic in mind, we proposed to analyse how the community legislation has been protecting the consumer, whether it's a private consume loan, or a loan for main habitation purposes.

Throughout one comparative analysis between the current legal regime consumer credit, under Portuguese Decree Law no. 133/2009, of 2ᶯᵈ of Jun, and the European Directive 2014/17/EU from the European Council and Parliament of 4ᵗʰ Feb/2014, will be thoroughly and fairly examined how special consumer protection is offered, reflecting also on the aspects that both diplomas engage as fundamental, for an effective and suitable protection. In this examination, it will not be forgotten the approach to the legislative measures taken by the national legislator, having in sight the anticipation and combat to the default, on obligations taken on the habitation loan plan – Law no. 58/2012 and Law no. 60/2012, both of 9ᵗʰ of November.

During our search, we will make a brief note regarding the legislative evolution, and the social-economic context of habitation loan in Portugal, and consequently, propose ourselves to analyse its current judicial-legal framework. It matters to mention, the topic on consideration is within the theme of consumer Law, and therefore, its analysis shall lean to the norms of consumer protection, being disregarded those norms that regulate judicial-banking aspects, of the business here in appreciation.