Consumer Vulnerability and Welfare in Mortgage Contracts

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Consumer Vulnerability and Welfare in Mortgage Contracts

By Irina Domurath
Hart Publishing March 2020

Specifications

ISBN-13
9781509936939
Publisher
Hart Publishing
Publication
March 2020
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

The book suggests an alternative way of alleviating consumer over-indebtedness, namely with the rules of contract law.

The need for a new way of thinking derives from the assumption that we currently live in a political economy in which consumer debt is supposed to fulfill a social function. In the field of housing this is evidenced by the expansion of mortgage credit, through which consumers are to purchase residential property as a means of social inclusion and old-age welfare.

It is suggested that contract law needs to adjust to this new social function. To this end, theoretical contract law frameworks are analysed and concrete proposals for contract law are made.

Table of Contents

I. Context
II. Themes and Aims
III. Questions and Structure
1. Theoretical Framework
I. Introduction
II. Duality of Aims in EU Consumer Law
III. Normative Preconceptions
IV. Conclusions
2. Vulnerability to Welfare Losses through Privatisation
I. Introduction
II. Privatisation: Credit versus Welfare
III. Welfare Losses
IV. Vulnerability to Welfare Losses
V. Conclusions
3. Vulnerability in EU Mortgage Contract Law
I. Introduction
II. Vulnerability in EU Mortgage Contract Law
III. Conclusions
4. A Flexible Mortgage Contract Law
I. Introduction
II. Relational Vulnerability
III. Event Vulnerability
IV. Lack of Resilience
V. Conclusions
5. Theoretical Framework Revisited
I. Welfarist EU Mortgage Contract Law?
II. Justice in EU Mortgage Credit Law
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