Dutch Legislation

Title 2a

in force

Consumer credit agreements

Civil Code — Book 7 (specific contracts) (Burgerlijk Wetboek Boek 7 (bijzondere overeenkomsten)) · Articles: 29

Section 1

Provisions for the implementation of Directive No. 2008/48/EC of 23 April 2008 on credit agreements for consumers

7:57 Article 7:57

In this Title, the following definitions shall apply:

7:58 Article 7:58

This Title applies to credit agreements.

7:59 Article 7:59

A creditor who, in advertising for credit agreements, agreements concerning securities credit not included therein, fails to observe Article 4 of the…

7:60 Article 7:60

The creditor or, where applicable, the credit intermediary, shall provide the consumer, well in advance of the consumer being bound by a credit…

7:61 Article 7:61

The credit agreement shall be entered into on paper or on another durable medium. The creditor shall provide the consumer with a copy of the credit…

7:61a Article 7:61a

Where applicable, the consumer shall be informed of changes to the terms and conditions of the credit agreement before the changes take effect…

7:62 Article 7:62

Where applicable, the consumer shall be informed on paper or on another durable medium of any change in the borrowing rate before the change takes…

7:63 Article 7:63

In the case of a credit agreement in the form of an authorised overdraft on an account as referred to in Article 58, paragraph 3, the consumer shall…

7:64 Article 7:64

In agreements concerning securities credit, the credit provider shall provide notification of changes in the coverage percentages and the…

7:65 Article 7:65

The consumer may terminate a credit agreement of open-ended duration at any time free of charge. If the parties have agreed upon a notice period…

7:66 Article 7:66

The consumer has the right to dissolve the credit agreement without giving reasons during fourteen calendar days after:

7:67 Article 7:67

If the consumer has dissolved a contract for the supply of a good or the provision of a service in accordance with Article 230o or Article 230x of…

7:68 Article 7:68

The consumer has the right to discharge himself at any time, in whole or in part, of his obligations under a credit agreement. In such case, he is…

7:69 Article 7:69

If the rights held by the creditor under the credit agreement, or the agreement itself, are transferred to a third party, the consumer may invoke…

7:70 Article 7:70

Where the creditor in an agreement for the opening of an account offers the consumer the possibility of an overrunning, the information referred to…

7:70a Article 7:70a

A creditor shall, where appropriate, take forbearance measures before initiating debt collection or enforcement proceedings against a consumer.

7:71 Article 7:71

The annual percentage rate of charge shall be calculated by the creditor in accordance with Article 19 of the Directive.

7:72 Article 7:72

If the credit agreement is concluded through the intervention of a credit intermediary, such intermediary shall state in documents intended for the…

7:73 Article 7:73

The provisions of this Title may not be deviated from to the detriment of the consumer.

Section 2

Other provisions concerning consumer credit agreements

7:74 Article 7:74

In this section, the following definitions shall apply:

7:75 Article 7:75

Without prejudice to the provisions of the previous section, the following provisions shall furthermore apply to the credit agreements referred to…

7:76 Article 7:76

It is prohibited for the creditor and the supplier of the goods or services to stipulate, charge or accept any form of credit compensation other than:

7:77 Article 7:77

The following clauses shall not be permitted whereby:

7:78 Article 7:78

A consumer may not grant a power of attorney to conclude a credit agreement to a creditor, a supplier of the goods or services, a credit…

7:79 Article 7:79

It is only permitted, for the purpose of providing security for the performance of an obligation of the consumer under a credit agreement, to create…

7:80 Article 7:80

In deviation from Article 229 of Book 3, a right of pledge on a claim for compensation which replaces a thing on which a right of pledge as referred…

7:81 Article 7:81

Delivery of an object, the ownership of which has been reserved within the framework of a credit agreement or on which a right of pledge as referred…

7:82 Article 7:82

Dissolution of a credit agreement on the ground that the consumer has failed to perform his obligations may only be effected by the court, except in…

7:83 Article 7:83

No derogation from the provisions of this Section shall be permitted to the detriment of the consumer.