Włodzimierz Szpringer, Zofia Szpringer
Regulation of consumer credit and consumer bankruptcy (inspirations for Poland in the light of solutions adopted in certain EU countries and the draft amendment to the EU Consumer Credit Directive)

The article indicates the direction of changes to the Consumer Credit Directive against the background of consumer law transformation in the EU. It analyses the problem of the so-called consumer bankruptcy. This has been illustrated using selected solutions adopted in member states. Although this issue has not yet been regulated at the European level, there is a close relationship between the trend to regulate consumer credit and the potential need to regulate consumer bankruptcy. This is because at the foreground of bankruptcy there is the concept of proactive bankruptcy prevention (responsible lending). In many countries this includes the still widespread idea of intervention when it comes to interest rates and loan terms (usury laws). There is a rich body of jurisprudence regarding this matter. Two-stage models including the out-of-court phase and the court phase are dominant in the regulation of consumer bankruptcy. First there is an attempt at rehabilitation and a composition arrangement with creditors. Bankruptcy applies to cases of a passive indebtedness, that is excessive and hopeless, i.e. in the cases of an honest and not at fault consumer, that allows him to regain the status of a citizen, employee and taxpayer, and without the recourse to social welfare.



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