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Legal Mechanisms of Balance of Interests in Consumer Credits

Student: Kosovskaya Vitaliya

Supervisor: Aleksander Vishnevskiy

Faculty: Faculty of Law

Educational Programme: Corporate Lawyer (Master)

Year of Graduation: 2018

The work is devoted to the study of the legal regulation of consumer lending in terms of eliminating the balance of the rights of the parties to the contract. The aim of the study is to assess the regulatory and legal means of ensuring the balance of interests of the borrower and the lender under the consumer credit agreement. To achieve the goal of the state of resolved tasks such as: defining the methods of legal regulation, establishment of signs of information and contractual imbalances, analysis of the effectiveness of current legislation and chosen by the legislator approaches to Regular, compared to Europe and the present experience. Consideration and study of the issues raised was carried out through the use of General scientific and such methods. As a result, the following conclusions were made: 1) in the sphere of crediting, the consumer imperative of caustic norm occupies a dominant position; 2) legal regulation of the composition of the information to be disclosed to the consumer is detailed, detailed and qualitative; 3) a reasonable way to achieve a balance of interests in terms of early repayment of a loan may be provided to the bank the opportunity to set its fees for such repayment; 4) in the domestic legislation there is no regulation of the fate of the related transaction (for example, a contract of sale and a loan agreement, which is concluded for the performance of monetary obligations under the contract of sale) in case of unmotivated refusal to perform credit obligations.

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