Financial Inclusion Law and Over-Indebtedness

Introduction

Michelle Kelly-Louw and Duygu Damar-Blanken

PART I: ACCESS 1. Protection of the financial consumers in the EU against unfair contract terms in the foreign currency loans

Jagna Mucha

2. Unveiling Digital-Financial Exclusion Among the Elderly: Gaps in Knowledge and Methodology

Anne-Marie Weber, Weronika Herbet-Homenda, Helena Kordasiewicz

3. Knowledge and competence requirements in the Mortgage Credit Directive: An adequate protection of financial illiterate consumers?

Joana Farrajota

4. Blacklisting Defaulting Consumers in Credit Information Registers – Lessons from Estonia and Finland Anu Kaup and Karin Sein 5. The Poor Pay More (with Data) - Strategies and Legal Solutions in the USA and the EU for Credit Invisibles and the Poorly Scored

Ulrich Krüger

PART II:  DIGITALISATION 6. CBDCs and Vulnerable Consumers: Risks and Opportunities for Financial Inclusion and Access to Credit

Noah Vardi

7. Open Banking and Consumer Protection: The Canadian Perspective

Marc Lacoursière

8. Online Dispute Resolution as a Forum for Resolving Algorithmic Trading Error Dispute in Financial Market

Faizal Kurniawan, Harven Filippo Taufik, Izzah Khalif Raihan Abidin, Dinda Ajeng Puspanita, Rizky Amalia, Hilda Sabrie Yunita, Maradona

PART III: OVER-INDEBTEDNESS 9. The 2021 Reform of the Brazilian Consumer Code in Consumer Credit and Over-Indebtedness: Effectiveness and Unanswered Questions

Claudia Lima Marques

10. The in Duplum Rule in South Africa and Kenya: A Tool to Protect Over-indebted Consumers or Regulate Banking?

Michelle Kelly-Louw

11. Buy Now, Pain Later? Over-Indebtedness of Young Individuals

Duygu Damar-Blanken

Conclusion

Biography

Duygu Damar-Blanken completed her LLB and LLM studies in Istanbul, Turkey. After the completion of her LLB study, she was a teaching and research assistant at Istanbul Bilgi University. She was awarded with a Dr. iur. title in 2011 after the completion of her PhD study at the University of Hamburg, Germany. From 2011 to 2018, she was senior research fellow at the Max Planck Institute for Comparative and International Private Law. She also held lectures at the University of Hamburg. Currently, she is working on her post-doc thesis on the “Prohibition of Discrimination in German and US-American Contract Law.” Since 2020, she has worked as research associate at the Institute for Responsible Finance. Since October 2024, she has been a member of the Financial Services User Group at the European Commission. Her fields of expertise are private international law, comparative law, antidiscrimination law, contract law, commercial law, and law of financial services.

Michelle Kelly-Louw is a professor of banking law and head of the Department of Commercial Law at the University of Cape Town, South Africa. Her publications have been cited by various high courts, including the South African Supreme Court of Appeal, the Constitutional Court, and High Court of Namibia, Main Division, Windhoek. For her research, she has received five research awards. Throughout her career, she has been involved in various law reform initiatives and legislative drafting projects. She has held visiting fellowships at international universities. She is the immediate past president of the International Association of Consumer Law (IACL), a member of the International Academy of Commercial and Consumer Law (IACCL), a member of the Academy of Science of South Africa (ASSAf), and an ex-comember of the International Academy of Financial Consumers (IAFICO). She serves on the Specialist Law Committee of the South African National Rating System and was re-appointed to the adjudication panel of the South African Women-in-Science-Awards.