Title 2b
in forceConsumer credit (Goederenkrediet)
Section 1
Asset-based credit concerning movable property, non-registered assets
A goods credit agreement is a credit agreement, including a set of agreements forming a commercial unit within the meaning of Article 57, paragraph…
If Title 2A is also applicable to a consumer credit agreement, the provisions of Title 2A and those of this Section shall apply concurrently. In the…
The consumer credit agreement shall be entered into on paper or on another durable medium. A power of attorney to enter into such an agreement must…
The borrower who has the item in his possession pursuant to an agreement as referred to in Article 84, paragraph 1, shall have the enjoyment thereof…
Alienation of the item delivered pursuant to an agreement as referred to in Article 84, paragraph 1, shall not operate to the prejudice of the…
Ownership of a thing reserved in the context of a revolving credit facility shall pass to the borrower by operation of law, and a pledge on the…
Surrender of the delivered item pursuant to a written statement by the creditor that he reclaims it due to the non-performance by the debtor of his…
When the creditor initiates a legal action for the dissolution of the credit agreement or the return of the object, he may, if he has a sufficient…
If one of the parties, upon dissolution of the credit agreement due to a failure of the borrower to perform his obligations, would be placed in a…
In the judgment in which the obligation to return the delivered item is established or the agreement is dissolved, an order for return shall be…
If, upon dissolution of the agreement, the borrower should be entitled to any refund, he may retain the object which he is required to return until…
If the borrower, within fourteen days after he has surrendered the object, pays the total overdue amount exigible under the credit agreement at the…
If one or more agreements which together form a commercial unit as referred to in Article 57, paragraph 5, are subject on any ground to dissolution…
If a credit agreement for goods has been concluded between a creditor acting in the exercise of a profession or business and a debtor who is a…
No derogation from Article 92 shall be permitted to the detriment of the borrower.
Article 67 paragraph 2 shall apply mutatis mutandis to a credit agreement for the acquisition of goods consisting of a set of agreements which form a…
The provisions of this Section shall apply mutatis mutandis to property rights, not being registered property, insofar as this is in accordance with…
Section 2
Hire purchase of immovable property
The hire-purchase agreement of immovable property is a contract of sale, including a complex of agreements forming a commercial unit within the…
Each of the parties is obliged towards the other to cooperate in the execution of a notarial deed between them of the hire-purchase agreement, which…
In addition to the deed referred to in Article 102, the following may be registered in the public registers:
After the registration of the notarial deed of hire-purchase, including judicial decisions taking the place of that deed as referred to in Article…
In the event of a composite of agreements as referred to in Article 101, paragraph 1, the hire-purchaser may, if necessary, exercise the rights…
The hire-purchaser shall have the enjoyment of the object delivered to him pursuant to the hire-purchase even before he acquires the ownership…
Alienation by the hire-purchase seller of the item delivered pursuant to a hire-purchase agreement shall not operate to the prejudice of the…
If the hire-purchase seller, upon dissolution of the hire-purchase agreement due to a failure of the hire-purchase buyer to perform his obligations…
If, upon dissolution of the agreement, the hire-purchaser should be entitled to any refund, he shall have a right of retention (retentierecht) on the…
When the entire purchase price, together with the interest due thereon and the costs incurred on account of the hire-purchaser, including the costs…
In the event of the hire-vendor's lack of power to dispose, Article 88 of Book 3 applies, on the understanding that for the good faith of the…
No derogation is permitted from Articles 101 to 104 inclusive, 108, 110 and 111.
This subsection applies to the hire-purchase agreement relating to immovable property intended for habitation or a component part thereof, if the…
A hire-purchase agreement as referred to in Article 113 shall be entered into by a notarial deed. A power of attorney to enter into such an agreement…
The hire-purchaser has the right at all times to discharge himself, in whole or in part, from his obligations under the hire-purchase agreement, with…
It cannot be stipulated that a higher purchase price shall be determined during the contract period, unless it concerns adjustments, determined with…
No derogation is permitted from Articles 113 and 114. No derogation to the detriment of the hire-purchaser is permitted from Articles 105, 106…
Section 3
Consumer credit agreements relating to residential immovable property
In this Section, the following definitions shall apply:
This Section applies to:
Advertising for credit agreements shall be fair, clear and not misleading and may not contain wordings that could create false expectations for the…
The creditor has the right to engage in bundling. Tying practices are not permitted.
The creditor and, where applicable, the credit intermediary shall provide the consumer, without delay after the consumer has provided the necessary…
If the credit agreement is concluded through the intervention of a credit intermediary, the following information shall be provided to the consumer…
The annual percentage rate of charge shall be calculated by the creditor in accordance with Article 17 of the Directive and Annex I to the Directive.
The creditor may not terminate or amend the credit agreement to the detriment of the consumer on the grounds of an incorrectly performed…
Where applicable, the consumer shall be informed of changes to the terms and conditions of the credit agreement before the changes take effect…
If the credit agreement is denominated in a foreign currency, the creditor shall offer the consumer, as of the time the agreement is concluded, the…
The consumer has the right to discharge himself, in whole or in part, of his obligations under the credit agreement before the expiry of the credit…
The creditor shall inform the consumer on paper or on another durable medium of any changes in the borrowing rate before they take effect. This…
If the consumer is in default with his obligations under the credit agreement, the creditor may not proceed to the notice of execution as referred to…
A creditor shall, where appropriate, exercise forbearance measures before initiating debt collection or recovery proceedings or proceedings for a…
The creditor or, where applicable, the credit intermediary shall not charge the consumer any costs for their information obligations under this…
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…
No derogation from the provisions of this section may be made to the detriment of the consumer.