Title 2a
in forceConsumer credit agreements
Section 1
Provisions for the implementation of Directive No. 2008/48/EC of 23 April 2008 on credit agreements for consumers
In this Title, the following definitions shall apply:
This Title applies to credit agreements.
A creditor who, in advertising for credit agreements, agreements concerning securities credit not included therein, fails to observe Article 4 of the…
The creditor or, where applicable, the credit intermediary, shall provide the consumer, well in advance of the consumer being bound by a credit…
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…
Where applicable, the consumer shall be informed of changes to the terms and conditions of the credit agreement before the changes take effect…
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…
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…
In agreements concerning securities credit, the credit provider shall provide notification of changes in the coverage percentages and the…
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…
The consumer has the right to dissolve the credit agreement without giving reasons during fourteen calendar days after:
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…
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…
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…
Where the creditor in an agreement for the opening of an account offers the consumer the possibility of an overrunning, the information referred to…
A creditor shall, where appropriate, take forbearance measures before initiating debt collection or enforcement proceedings against a consumer.
The annual percentage rate of charge shall be calculated by the creditor in accordance with Article 19 of the Directive.
If the credit agreement is concluded through the intervention of a credit intermediary, such intermediary shall state in documents intended for the…
The provisions of this Title may not be deviated from to the detriment of the consumer.
Section 2
Other provisions concerning consumer credit agreements
In this section, the following definitions shall apply:
Without prejudice to the provisions of the previous section, the following provisions shall furthermore apply to the credit agreements referred to…
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:
The following clauses shall not be permitted whereby:
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…
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…
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…
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…
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…
No derogation from the provisions of this Section shall be permitted to the detriment of the consumer.