Prepayment of Loan Under the Financial Services Consumer Protection Law of FBH and Law on Banks of the Republic of Srpska Cover Image

Prijevremena otplata kredita prema Zakonu o zaštiti korisnika finansijskih usluga FBiH i Zakonu o bankama Republike Srpske
Prepayment of Loan Under the Financial Services Consumer Protection Law of FBH and Law on Banks of the Republic of Srpska

Author(s): Senad Bajrić
Subject(s): Law on Economics
Published by: Centar za društvena istraživanja
Keywords: credit; prepayment of loans; borrower; the financial services consumer protection law of FBH; Law on Banks of Republic of Srpska; Law of Obligations; Directive 2008/48/EC;

Summary/Abstract: The article analyzes the main determinants and the specifics of the borrower right to prepay the loan defined by the financial services consumer protection law of FBH and Law on banks of the Republic of Srpska,ie legislation which is in the national legislation of Bosnia and Herzegovina (the entity regulations) transposed Directive 2008/48 / EC on credit agreements for consumers. As a result of inconsistent and non-systematic transposition of EU directives into the BiH legal system, in addition to the above regulations, the right of early repayment of the loan is regulated by the Consumer Protection Act of BiH which have taken scarce solutions of"old" directive on consumer credit (Directive 87/102/EEC on consumer credit). In this way, in Bosnia and Herzegovina both old and new solutions in consumer Directive exist at the same time (although the entry into force of Directive 2008/48/EC terminated Directive 87/102/ EEC), thereby and those related to consumer’s right, the borrower right to early repayment of loans. And given the subsidiary application of the provisions of the ZOO on the loan agreement, it is clear that the fragmentation of legislation in these areas often leads to confusion and the various problems related to adequate and complete use of the aforementioned rights.

  • Issue Year: 3/2016
  • Issue No: 1
  • Page Range: 159-180
  • Page Count: 22
  • Language: Bosnian