TY - JOUR
T1 - Curbing reckless and predatory lending: A statutory analysis of South Africa's National Credit Act
AU - Schmulow, Andrew
PY - 2016
Y1 - 2016
N2 - This article provides a statement and an analysis of South Africa's statutory provisions aimed at curbing reckless lending, and preventing predatory lending, to financial consumers. The focus of the article is on the statutory mechanisms for combatting reckless and predatory lending, including a critique of the success or otherwise of the implementation of the relevant legislation. The article aims to provide a comparative analysis of what is, overall, an innovative and effective regime, the aim of which is to protect vulnerable financial consumers from reckless and predatory lending practices. As such, it is hoped, that the article will provide useful techniques for the protection of borrowers in other common law jurisdictions, such as Australia, Canada and the United States, or indeed wherever vulnerable consumers of finance are liable to be exploited.
AB - This article provides a statement and an analysis of South Africa's statutory provisions aimed at curbing reckless lending, and preventing predatory lending, to financial consumers. The focus of the article is on the statutory mechanisms for combatting reckless and predatory lending, including a critique of the success or otherwise of the implementation of the relevant legislation. The article aims to provide a comparative analysis of what is, overall, an innovative and effective regime, the aim of which is to protect vulnerable financial consumers from reckless and predatory lending practices. As such, it is hoped, that the article will provide useful techniques for the protection of borrowers in other common law jurisdictions, such as Australia, Canada and the United States, or indeed wherever vulnerable consumers of finance are liable to be exploited.
KW - reckless lending
KW - consumer protection
KW - predatory lending
KW - banking law
KW - comparative law
KW - Financial crises
KW - financial stability
UR - http://www.lexisnexis.com/au/legal/results/enhPubTreeViewDoc.do?nodeId=TAABAABAAE&backKey=20_T26020843137&refPt=&pubTreeWidth=328
M3 - Article
SN - 1039-5598
VL - 24
SP - 220
EP - 247
JO - Competition & Consumer Law Journal
JF - Competition & Consumer Law Journal
IS - 3
M1 - 4
ER -