non-bank loan institution ; Consumer Credit Act ; lender ; responsible lending ; consumer credit ; credit worthiness ; consumer borrower ; information obligation ; financial education ; responsible lending by consumers ; consumer protection ; Directive 2008/48 / EC
In the post-crisis reality, due to the large scale of the phenomenon of consumer over-indebtedness and its negative effects both individually and globally, due to the generation of excessive credit and even systemic risk, the problem of responsible lending by creditors and responsible lending by consumers becomes increasingly far-reaching and ceases to have only the form of postulate, and becomes the subject of regulation, broadly understood jurisprudence. The idea of responsible lending is implemented by proper examination of the creditworthiness of the consumer by the lenders, both before granting the loan and during the loan, and informing him about the terms of the loan agreement, in particular about the costs borne by him, as well as the legal and economic consequences of not doing so. Contract by the consumer. The aim of this study is to present the idea of responsible lending on the part of lenders such as non-bank lending institutions, as well as responsible lending by consumer borrowers, ways of its implementation and enforcement and practical application by both lenders and consumers, as well as competent institutions whose goal is to protect the consumer against excessive indebtedness, but also against the occurrence of individual and systemic risk and misselling on the non-bank consumer credit market, which ultimately leads to a significant deterioration of the financial situation not only of consumers but also of lenders and consequent – negatively affects the proper and stable functioning of this part of the financial services market (non-consumer consumer credit market and thus consumer credit market in general).