This book advocates a new way of thinking about mortgage contracts. This claim is based on the assumption that we currently live in a political economy in which consumer debt fulfils a social function. In the field of housing this is evidenced by the expansion of mortgage credit through which consumers are to purchase residential property as a means of social inclusion and personal welfare. It is suggested that contract law needs to adjust to this new social function in order to avoid welfare losses in terms of default, over-indebtedness, and possibly eviction. To this end, this book analyses theoretical contract law frameworks and makes concrete proposals for contract law in the EU legal order.
Irina Domurath is a post-doctoral researcher at the University of Amsterdam, where she is working on housing markets and law. Previously, she has worked at the German Federal Ministry of Justice and Consumer Protection and the Universities of Copenhagen and Iceland.
I. Context II. Themes and Aims III. Questions and Structure 1. Theoretical Framework I. Introduction II. Duality of Aims in EU Consumer Law III. Normative Preconceptions IV. Conclusions 2. Vulnerability to Welfare Losses through Privatisation I. Introduction II. Privatisation: Credit versus Welfare III. Welfare Losses IV. Vulnerability to Welfare Losses V. Conclusions 3. Vulnerability in EU Mortgage Contract Law I. Introduction II. Vulnerability in EU Mortgage Contract Law III. Conclusions 4. A Flexible Mortgage Contract Law I. Introduction II. Relational Vulnerability III. Event Vulnerability IV. Lack of Resilience V. Conclusions 5. Theoretical Framework Revisited I. Welfarist EU Mortgage Contract Law? II. Justice in EU Mortgage Credit Law