Iva Šťavíková Řezníčková | doktorandka Právnické fakulty Masarykovy Univerzity, Brno

The Duty to Assess Creditworthiness of Consumer

Jurisprudence 3/2015 Section: Articles Page: 36-41

Keywords: consumer, creditworthiness, invalidity, burden of proof

Abstract: The article deals with issues related to the duty of the credit provider to assess the creditworthiness of consumer. The author has interpreted, in light of the decision of Court of Justice of European Union in case CA Consumer Finance SA proti Ingrid Bakkaus, Charline Bonato, Florianu Bonatovi, two issues (i) what the content of the duty to assess the creditworthiness is and (ii) who has to proof that this duty was fulfilled. In the final part of the article, attention is paid to civil sanctions applied against the contracts where the credit provider fails to fulfill his duty to assess the creditworthiness. According to section 9 Act No. 145/2010 Coll., on Consumer Credit, these contracts are invalid, as defined in the new Civil Code.