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The Impact of the Mortgage Credit Directive in Europe: Contrasting Views from Member States

Edited by: Miriam Anderson, Esther Arroyo Amayuelas

ISBN13: 9789089521989
Published: November 2017
Publisher: Europa Law Publishing
Country of Publication: The Netherlands
Format: Paperback
Price: £105.00



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How has European Private Law responded to the property and mortgage markets crisis? And in what way is this reaction likely to model domestic systems? The financial and economic crisis that has marked the beginning of the century has had a devastating effect on the property and mortgage markets in many Member States of the European Union. Despite this, the European legislator took its time to respond.

This book analyses the impact of the Mortgage Credit Directive (Directive 2014/17) in twelve different jurisdictions: Belgium, England, France, Germany, Greece, Ireland, Italy, Malta, The Netherlands, Poland, Portugal and Spain. The reports show how in some instances only certain products (such as foreign currency loans) or practices (irresponsible lending, homeownership promoting policies, the use of unfair terms) were factors that triggered the property crash; in other cases, the system completely failed to address an exceptional situation and, finally, in some instances, prudent lending explains why the market was virtually not hit at all.

This book aims to find out whether the two goals of Directive 2014/17 (financial sector stability and enhanced consumer protection) can be achieved in light of its provisions and of the transposition carried out by the different Member States, and whether the changes it introduces have a significant impact in the jurisdictions here considered. Some systems are already showing signs of yet another property bubble. There is room for hope: perhaps we have learned from the past, perhaps the Directive is a step forward, but more importantly this book shows that we can learn from each other.

Subjects:
Property Law, Banking and Finance
Contents:
Part I: Introduction
Chapter 1. Crisis? What Crisis? Common EU Rules for Mortgage Credits
Esther Arroyo Amayuelas
Chapter 2. What is Mortgage Credit?
Peter Sparkes
Chapter 3. The Spanish Crisis and the Mortgage Credit Directive: Few Changes in Sight
Miriam Anderson & Hector Simon Moreno
Part II: National Reports
Chapter 4. Consumer Credits for Immovables in Belgium and France
Benjamin Verheye & Vincent Sagaert
Chapter 5. Secured Consumer Credit in England
Sarah Nield
Chapter 6. The Transformation of the Mortgage Credit Directive in
German Law
Dieter Krimphove & Christoph Luke
Chapter 7. The Transposition of Directive 2014/17 in Greece
Anastasios Moraitis
Chapter 8. To Learn and to Forget: Lessons from the Irish Mortgage Crisis
Mark Jordan
Chapter 9. The Impact of Directive 2014/17/EU in Italy
Elena Bargelli & Giulia Donadio
Chapter 10. The Impact of Directive 2014/17 in Malta
Kurt Xerri
Chapter 11. Quia Domus Tutissimum Cuique Refugium Atque Receptaculum Sit. The Mortgage Directive in Dutch Law
J. Michael Milo
Chapter 12. Implementing the Mortgage Credit Directive 2014/17 in Poland. Challenges and Dilemmas
Magdalena Habdas
Chapter 13. The Impact of the Mortgage Credit Directive 2014/17/EU. Views from Portugal
Mariana Fontes da Costa
Part III: Conclusions
Chapter 14. Comparative Remarks on the Impact of Mortgage Credit Directive 2014/17/EU. Operating Credit Agreements and Powers of the Mortgagee
J.M. Milo

Index