This book advocates a new way of thinking about mortgage contracts. This claim is based on the assumption that we currently live in a political economy in which consumer debt fulfils a social function. In the field of housing this is evidenced by the expansion of mortgage credit through which consumers are to purchase residential property as a means of social inclusion and personal welfare. It is suggested that contract law needs to adjust to this new social function in order to avoid welfare losses in terms of default, over-indebtedness, and possibly eviction. To this end, this book analyses theoretical contract law frameworks and makes concrete proposals for contract law in the EU legal order.

Exploring the tension between the need to include social values in private law and the market orientation embedded in EU law, this monograph contributes to a deeper understanding of EU consumer mortgage law and beyond.

About the Author
Irina Domurath is a post-doctoral researcher at the University of Amsterdam, where she is working on housing markets and law. Previously, she has worked at the German Federal Ministry of Justice and Consumer Protection and the Universities of Copenhagen and Iceland.


Book Information
ISBN 9781509913398
Author Dr Irina Domurath
Format Hardback
Page Count 224
Imprint Hart Publishing
Publisher Bloomsbury Publishing PLC
Weight(grams) 481g