ASSESSMENT OF THE CREDITWORTHINESS IN THE MORTGAGE LENDING

Abstract

This article analyzes the obligation to assess the creditworthiness of the client in the mortgage lending. After identifying the applicable regulation, this article studies the content of this obligation as a better alternative to prevent over-indebtedness of households. The thesis of this article is that the solvency assessment is a standard of conduct which integrates contract which makes access to mortgage credit. His regime is analogous to MiFID test in providing investment services. It is a new duty of care which breach generates liability for damage caused to the client