The failure to comply the credit contract of the consumer | 2017

Author(s) Daniela Sofia Braga Pereira
Advisor(s) Fernando Gravato Morais
Year 2017

Synopsis The present investigation aims to explore the issue of the failure to comply the credit contract by the consumer. The same is concerned with listing a number of facts and factors, which, directly or indirectly, influence the conclusion and accomplishment, or lack of, of the consumer credit contract. Therefore, it will be present in this dissertation a series of rules and directives that regulate the consumer credit deriving from Decree Law no. 133/2009 of June 2nd, which revoked Decree Law no. 359/91 of September 21st, and transferred the Directive 2008/48 /EC of the European Parliament and Council on April 23rd of 2008 into the internal legal order. With the generalization of credit contracts consumption throughout history, the legislator felt an increasing need to regulate the relationship between financier and consumer, being recurrent from such, a larger attention for everything that involves the contractual non-compliance by the consumer. This way, is pretended by this study to demonstrate the regulation and gradual elimination of inequalities in the non- compliance of the contract between both parties. In this way, all the ways that the funder has to protect itself from a breach of contract will be explored, as well as all the legal institutes that the same can invoke to protect itself from the consequent breach of contract by the consumer default, expected in article 20º of Decree Law no. 133/2009, of June 2nd. Lastly, the question of applicability on remunerative interest will also be approached. As far as this matter is concerned, the focus is on whether the application of the legal institutes of the loss of term benefit and/ or contract resolution implies the imputability or not of the payment of compensatory interest related to installment payments. The study of these matters proves to be of great importance, in particular for better knowledge from the consumer part, as well as a more effective regulation of the relationship that is established between financier and consumer.

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2018-07-12T10:32:31+00:00