This research focuses on the creditworthiness assessment in consumer and mortgage credit lending under Dutch law. To analyse the creditor’s duty to assess the consumer’s creditworthiness, a conceptual framework has been developed, focussing on the key points that regulators must address when designing such a test. Within this framework, relevant Dutch law has been analysed. It has been shown that the consumer’s creditworthiness under Dutch law primarily depends on his disposable income. As a rule, if the consumer does not have sufficient income, the credit application must be rejected. The study has further explored whether there is room for improvement, taking into account the law of the European Union, English law and the literature in the field of Law and Economics. It has become clear that Dutch law governing the creditworthiness assessment complies with EU law, and that overall, a fair balance has been struck between consumer protection against overindebtedness and access to credit. At the same time, several recommendations for improvement have been made in relation to both public and private law. The recommendations for the financial supervisory framework focus on the specific elements of the creditworthiness assessment that may lead to insufficient consumer protection against overindebtedness or obstacles in consumer access to credit. The recommendations with respect to the law of obligations concern the use of public law lending standards in private adjudication and the room for the consumer’s responsibility in this context.
|Kwalificatie||Doctor of Philosophy|
|Datum van toekenning||18-jun-2020|
|Plaats van publicatie||[Groningen]|
|Status||Published - 2020|