Die Pflicht zur Prüfung der Kreditwürdigkeit des Verbrauchers

Credit institutions’ civil obligation to assess consumer’s creditworthiness was first introduced by Directive 2008/48/EC in the aftermath of the financial crisis and has been one of the most disputed points about that attempt at consumer credit reform ever since. The author qualifies the obligation as a legal instrument against over-indebtedness and regards it as an element of the principle of responsible lending. Furthermore, the author traces the evolution of the obligation at both a European and German level, from its appearance until the recent amendments laid down by the Mortgage Credit Directive as well as its implementation in 2016. The study pays particular attention to the controversial issue of legal consequences, and even more so to the question of whether the sanctions imposed in the case of non-assessment contribute to the objective and purpose of the provision and thus prove to be effective.