La insolvencia de la persona fisicaPrevención y solución

Abstract

The object of this research is the prevention of personal insolvency through the obligation of the professional lender to conduct a creditworthiness assessment of the borrower, and to encourage compliance with this obligation through the insolvency regime of discharge of debt that constitutes the solution to the insolvency of natural persons. For this purpose, after conceptually framing the creditworthiness assessment in the responsible lending regulations, we analyse the details of the lender's obligation to assess the borrower's creditworthiness under Spanish law, and we explain the doctrinal controversies and the impact of the pronouncements of the Court of Justice of the European Union on the characterization of the breaches of the obligation to conduct the creditworthiness assessment when the loan contracting is carried out without assessing the borrower's solvency, and when the loan contracting is carried out contrary to the resultof the creditworthiness assessment; then, we examine the legal consequences of noncompliance with the obligation to assess the borrower's creditworthiness. Subsequently, the potential promotion of responsible lending through the second chance insolvencyregime is addressed, examining the detail of the new insolvency regulation of the discharge of debt in relation to the normative precedents and its jurisprudential and doctrinal interpretation. Finally, the conclusions reached in this research work are presented...