'Social Justice in (Consumer) Credit Agreements. Is there a need for a diverse regulatory approach?

Research output: Working paperAcademic

Abstract

This working paper, part of a presentation given at the London School of Economics in 2014 and great parts of which has been published in a book article, explores the definition of what Social Justice should embrace. The concept is the subject of a discussion amongst scholars and legal practitioners.
In the second part, the paper addresses the question whether consumer credit law is designed as a legal framework that brings (social) justice or not. For years already, consumer law and consumer credit law tackles the situation where a stronger contracting party – the creditor/lender – could take advantage of a weaker contracting party – the consumer/borrower. The latter is in a weaker position due to (i) his lack of information on and knowledge of financial services, how financial markets work, etc. and (ii) his need for credit to buy the products or services he desires, but unfortunately wherefore he – commonly – does not have the current financial means. Some proposed regulatory changes to consumer credit law are included at the end.
Original languageEnglish
Number of pages27
Publication statusPublished - 2014
Externally publishedYes

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