In the field of loan agreements, special rules have been established to protect consumers when taking out loans, such as the Consumer Credit Act (ZPotK-2). This law, as a special regulation, overrides the general provisions of the OZ and governs consumer credit agreements, in which the borrower is a consumer who takes out credit under conditions and for purposes defined by this law. It applies only to consumer credit, regarding which the borrower is a consumer, meaning a natural person acting for purposes outside their professional or business activity. The lender is either a natural or legal person who grants or promises to grant credit or a loan within the scope of their business, trade, or profession.
The main principles of consumer protection in consumer credit include ensuring consumer awareness and market transparency. Consumer awareness is ensured even at the advertising stage, but primarily through the mandatory content of the credit agreement, which must clearly specify all loan costs and the effective interest rate (EIR). 247
The law also sets out other special provisions applicable to consumer credit, such as the right to withdraw from the contract, conditions for termination, and early repayment, among others.
Exercise:
1. A committed to giving B €100.00, and B agreed to return it after six months.
What type of contract did A and B conclude?
2. B returns the money to A on time. A demands that B also pay interest, at the rate that banks charge for on-demand deposits.
Is he right?
3. B wants to repay A before the six-month period expires.
Can he do that?
4. B fails to repay the money after six months.
What claims can A make against B?248