- Start date: April 2008
- End date: March 2011
- Primary investigator: Mel Kenny
As recent problems in the financial markets underscore access to credit and the treatment of indebtedness are increasingly important issues.
Among the questions asked in this context:
- can and should financial services be more easily traded across borders?
- will credit and debt prove the Achilles' heel of the economy or the spur for growth?
- where should protective instruments for vulnerable consumers be located?
- what is or should be their content and can or should protection be harmonised?
While the Commission has argued for a single market in financial services (2005 White Paper/Financial Services), for greater coherence in EC consumer law (2007 Green Paper/Consumer Acquis) and contract law in general (2004 Communication/Contract law), financial services' markets, measures of consumer protection and EC contract law remain highly fragmented.
This project, funded by a Marie Curie Research Grant, aims to tackle these issues from a legal perspective.
It uses a comparative study of the instruments protecting the vulnerable consumers from the full extent of his/her contractual obligations; instruments which vary from one Member State to the next but which centre on the instruments of undue influence, unconscionabilty and good faith.