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.