Madeleine Thornton, ‘The Interplay of the UCTD, the EU Charter of Fundamental Rights, and the Mortgage Contract’

“… The economic and financial catastrophe that hit society in 2008 had similar overtones challenging those homeowners in huge mortgage debt. In Part One of this article, I will first analyse this crisis that beset Ireland and the world with various reports cataloguing the causes, and the impact that this had on the housing market, or home homeownership and the State’s response. Secondly, I will review the Unfair Contract Terms Directive (UCTD) and its efficacy upon protecting consumer contractual rights, analysing it by reference to an academic discussion of its rationale and operation. Thirdly, I will discuss the legal interplay between the UCTD and the European Union Charter of Fundamental Rights. In Part Two of this article … I will examine the enforcement regime surrounding the UCTD, financial services regulatory controls, and some of the remedies available for breach of consumer rights. Secondly, I will summarise the jurisprudence of CJEU case law and the application and differentiation of same by the Irish courts in relation to the UCTD …”

€ (Westlaw)

Madeleine Thornton, ‘The Interplay of the UCTD, the EU Charter of Fundamental Rights, and the Mortgage Contract’. Part 1: Conveyancing and Property Law Journal 2021 (2), 30-44; part 2: 2021 (3), 54-63.

First posted 2021-12-13 12:20:38

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