Izvorni znanstveni članak
ASSOCIATED CREDIT AGREEMENTS
Emilia Mišćenić
; Pravni fakultet Sveučilišta u Rijeci, Rijeka
Sažetak
A consumer in the market frequently enters into business transactions stipulating the credit agreement granted for acquisition of certain goods or services which was offered to him according to a previous agreement between the supplier of goods or services and the grantor of the credit. In such cases, he exposes himself to the risk of supplier’s non-performance or defective performance of the contractual obligation. According to the general rules of contractual responsibility, the consumer shall have to repay a credit by instalments although the contract, because of which he stipulated a credit agreement, is defectively performed or non-performed at all. Nevertheless, after the implementation of the Article 11 of the Directive 87/102/EEC into the Consumer Protection Act, a very important institute for consumers has been introduced into Croatian law, the institute of associated credit agreements. The institute entitles the consumer with rights which are not given to him according to general rules on contractual responsibility. In case of an unsuccessful exercise of the rights in regards to the supplier of goods or services, the consumer may exercise his rights against the grantor of the credit. Although the Article 83 of the Consumer Protection Act has stepped out from the minimum level of consumer protection in lots of diverse elements, which was prescribed by the Article 11 of the Directive 87/102/EEC with respect to associated credit agreements, the same approach was not applied when provisions were adjusted to conform to the Article 15 of the repealing Directive 2008/48/EC. Contrary to the principle of maximum harmonisation which was a basis for the Directive 2008/48/EC, Croatian legislator has implemented the above mentioned provision with considerable insufficiency totally revising its content and meaning. Therefore, the author in the article points at urgent need to amend the Article 15 of the Consumer Credit Code governing the associate credit agreements with the aim to harmonise it with the Directive 2008/48/EC and to increase level of consumer protection. In conclusive remarks the author presents examples of German case law and European Court of Justice practice and emphasizes the importance of provisions governing the associated credit contracts and frequent issues arising in practice.
Ključne riječi
associated credit agreements; Consumer Credit Code; Consumer Protection Act; Directive 87/102/EEC; Directive 2008/48/EC; consumer credit; consumer loan; consumer protection
Hrčak ID:
82232
URI
Datum izdavanja:
1.4.2011.
Posjeta: 5.337 *