Creditworthiness and 'Responsible Credit' : : A Comparative Study of EU and US Law / / Noah Vardi.

• Superior document: Comparative Law in Global Perspective ; 02
• VerfasserIn: Vardi, Noah,
• Place / Publishing House: Leiden ;, Boston : : Brill | Nijhoff,, 2022.
• Year of Publication: 2022
• Edition: 1st ed.
• Language: English
• Series: Comparative Law in Global Perspective ; 02.
• Physical Description: 1 online resource (287 pages)

In this comparative study in US and EU law, Noah Vardi questions whether there is a legally enforceable duty to lend and borrow credit in a “responsible” manner and clarifies the associated notion of “creditworthiness.”

Table of Contents

AcknowledgmentsI -- 1 Introduction: Creditworthiness and ‘Responsible Credit’ -- Introduction -- 1.1 Defining ‘Responsible Credit’ -- 1.2 Responsible Credit and the Global Financial Crisis -- 1.3 Profiles of Relevance of Responsible Credit -- 1.4 Creditworthiness -- 1.5 Caution and Criticisms -- 1.6 Methodology -- 1.7 Structure of the Book -- 2 Creditworthiness Assessment as a Macroprudential Duty -- Introduction -- 2.1 Responsible Credit as a Macroprudential Duty: The Duty of Creditworthiness Assessment in Banking Regulation -- 2.2 Credit Assessments and Credit Rating -- 2.3 A Few Final Observations: Inferences from the Comparison of Regulatory Choices and Issues Surrounding a Hypothetical ‘Right to a Creditworthiness Assessment’ -- 3 Creditworthiness for Individuals: Methodologies and Legal Issues -- Introduction -- 3.1 Creditworthiness Assessment and Credit Reporting -- 3.2 Data Protection and Antidiscrimination: Comparative Legal Issues -- 3.3 Small Business Lending and Credit Scoring -- 3.4 Comparative Overview and Conclusive Remarks on Credit Scoring and Responsible Lending -- 4 Creditworthiness Assessment and Other Contractual Duties as Tools of ‘Responsible Credit’: the Case of Consumer Loans -- Introduction -- 4.1 Creditworthiness Assessment in Consumer Credit Contracts and Mortgage Loan Contracts -- 4.2 Effects of the ‘Responsible Lending’ Provisions on Contract Law -- 4.3 Instruments for the Enforcement of ‘Responsible Credit’ Provisions -- 4.4 A Few Conclusive Comparative Remarks -- 5 Access to Credit and Responsible Lending -- Introduction -- 5.1 The ‘Democratization of Credit’ -- 5.2 Access to Credit as a Policy for Consumers and the Problem of Financial Exclusion -- 5.3 Access to Credit as a Right? Theorizing ‘Due Process’ in Access to Credit -- 5.4 Access to Credit and the Right to Housing -- 5.5 Responsible Credit as a Protective Duty and a Tool for Inclusion -- Bibliography.