Consumer credit Abstract This diploma thesis deals with the topic of consumer credit, focusing on a systematic and comprehensive analysis of the development of consumer credit legislation not only in the Czech Republic, but also with a focus on essential legislation of the European Community and the European Union. The thesis is also focused on answering the theses set out in the introduction, which focus mainly on the issue of assessing the creditworthiness of consumers and the issue of regulation of providers and intermediaries and their impact on the activities of these entities in practice. For this purpose, the thesis is structured into seven parts, in which the legal regulation of consumer credit is systematically described, and certain essential or problematic passages are analysed in more detail. The first part of the thesis defines the basic concepts that are used in all aspects of consumer credit legislation and simultaneously in this thesis. The second part follows, which deals with the historical development of consumer credit from its very beginnings, through the development of consumer credit legislation in Community law, to the development of consumer credit legislation in our legal system. In the third part of this thesis, I analyse the general legal regulation of consumer credit and related...

1 Behaviour of non-bank consumer credit providers in terms of unfair competition Abstract The thesis deals with the issue of providing consumer loans by non-bank providers of consumer loans in terms of the correctness of their actions in selected areas of their activities. The aim of this work is to assess selected typized behaviour of non-bank providers of consumer loans in terms of the possibility of committing (both) unfair commercial practices and unfair competition. The author thus examines the behaviour of these entities in connection with their information duty and the duty to assess creditworthiness of consumers. In the area of information duty, it focuses more on the pre-contractual information obligation for non-bank consumer credit providers and the obligation for these entities to inform consumers of the annual percentage rate of charge. The subject of the thesis is also an assessment of possible concurrent responsibility of non-bank providers of consumer credit for committing unfair commercial practices and unfair competition. The sanctions provided for by the Consumer Credit Act are also taken into account. The author also describes the development of legislation in defined areas, where the work includes a comparison of current and previous legislation on consumer credit. The thesis contains...

The National Credit Act 34 of 2005 and its Regulations came into full effect on 1 June 2007. In order to protect consumers by addressing over-indebtedness, the Act introduces a novel process of debt review in which a new agent, the debt counsellor, plays an important role to help relieve a consumer’s over-indebtedness. However, after the Act commenced, problems soon came to pass with regard to the debt review process. This was mainly due to loopholes and shortcomings in the National Credit Act and its Regulations. The key problems in debt review practice which are identified and analysed in this dissertation, are as follows: <ul>a) The interpretation of “the steps contemplated in section 129” in section 86(2). b) The application for debt review (Form 16 in the Schedule of the Regulations). c) The procedure to be followed when approaching the court. d) The format and contents of the “proposal” mentioned in sections 86 and 87. e) The omission of section 86(7)(c) in section 87. f) The non-provision for consent orders in terms of sections 86(7)(a) and 86(7)(c). e) The non-regulation of payment distribution agencies. f) The termination of debt review by the debt counsellor or a consumer. g) The qualifications, training and expertise of debt counsellors.</ul> Consequently measures taken by the industry or suggested by scholars to solve these problems are evaluated, for example the work stream agreement, the publication of two sets of new draft regulations, the request for a declaratory order in the High Court, a research commission to the UP Law Clinic and numerous conferences. Somewhat oversimplified, it can be said that most of the measures taken to solve the problems moved in the wrong direction, that is away from a simple, easy, quick, cheap and consumer-friendly process. At the moment the debt review procedures are very complex, extended, expensive and even consumer-hostile. In conclusion additional measures are proposed to those that other sources already recommended. Effective implementation of these measures would hopefully improve the practice of debt review in the Republic of South Africa, although it can realistically be assumed that there will always remain challenges in this regard. / Dissertation (LLM)--University of Pretoria, 2011. / Private Law / unrestricted