Foreign Currency Loans and Civil Remedies: Beyond Conversion
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Abstract
The distribution of foreign currency loans to retail and corporate customers has given rise to one of the outmost debates on risk regulation and the role of remedies in the EU. The paper, after a brief analysis of the economic rationale and the main techniques used for the indexation of private loans, further examines the problem of double indexation agreements. The purpose of the work is to highlight the limits of the remedy of conversion provided by the Mortgage Credit Directive and to assess the application of other remedies, by making application of the principles of dissuasiveness, proportionality, and effectiveness
Keywords
- Foreign Currency Loans
- Indexation
- Swiss Franc
- Consumer Law
- Risk Regulation