Information Requirements as a Mechanism of Protection of Financial Services Users - Advantages and Limitations

Information Requirements as a Mechanism of Protection of Financial Services Users - Advantages and Limitations

Petrović, Anita

This paper analyzes the information obligations as one of the instruments of consumer protection created in European consumer law. As a result of the fulfullment obligation of approximation of laws with ascquis, this instrument takes a important place in the new Act on the Protection of Financial Services Users in Fedaration Bosnia and Herzegovina. Directive 2008/48/EC on cosumer credit agreements is based on the information approach, which assumes that only the informed consumer can make an informed choice and make responsible financial decisions. This approach follows the domestic legislature in terms of a comprehensive, standardized and highly detailed regulation of obligations to inform users at the pre-contractual stage and once the contract has been concluded. The purpose of this instrument is to empower financial services user, to fill the information gap and make him more equl to counterparty, because of intangibile nature of financial service everithing that consumer has is information. But other than that this instrument has a broader role and that is to preserve stability of financial sector as it enables the implementation of the principles of responsible borrowing and preventing over-indebtedness. The aim of this paper is to critically examine the provisions of the Act on the Protection of Financial Services Users, which regulates the obligation to inform, and consequently point to the advantages and disadvantages of new solutions in view of the financial literacy problem faced by a large number of users.

Article
PeerReviewed

ISSN 2303-5706

International Burch University

2016-04-15

3291