ASPECTE PRACTICE PRIVIND INFORMAȚIILE PRECONTRACTUALE AFERENTE CONTRACTELOR DE CREDIT DE CONSUM
PRACTICAL ASPECTS REGARDING PRE-CONTRACTUAL INFORMATION RELATING TO CONSUMER CREDIT CONTRACTS

Summary/Abstract: In order to approximate the legislative acts and the administrative procedures of the member states in the matter of consumer credit, Directive 2008/48/EC of the European Parliament established rules at community level regarding consumer credit contracts as a result of the fact that, the member states use different consumer protection mechanisms and „in addition” to those provided in Directive 87/102/CEE. The different legal or economic situations that were found at the national level of the member states were based on the results of the analyzes and consultations of the interested parties from 1995 for the implementation of the Directive 87/102/CEE materialized in an extensive consultation of the interested parties. In 1996, a report was drawn up that highlighted substantial differences between the laws of different member states. In 1997, a summary report was drawn up on the reactions to the 1995 and 1996 report. It turned out that these differences can have negative effects that distort competition on the one hand (respectively creditors from the European Community) and on the other prevent the proper functioning of the internal market, by adopting stricter and „other” mandatory provisions than those provided for by Directive 87/102/CEE, with effects on limiting the possibility of consumers to the offer of cross-border loans, which has registered an increasing trend, and on the demand for goods and services. Directive 2008/48/CE is constituted as a component of the acquis communautaire and is oriented towards a transparent consumer credit market, towards consumer protection and towards a modern legislation for them.

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