Abstract

BADO CARDOZO, Virginia S.. The over-indebted debtor. A particularly vulnerable consumer. Rev. Fac. Der. [online]. 2024, n.58, e206.  Epub Dec 01, 2024. ISSN 0797-8316.

The natural person who does not carry out business activity is a consumer and, in most cases, will have become over-indebted as a result of their consumption needs. Most of these needs are satisfied in the consumer credit market through credit cards. Nowadays, practically everything is paid for with them. Over-indebtedness often affects other subjects. The over-indebtedness of households is then referred to, giving the term “home” a subjective aspect. Likewise, "family over-indebtedness" is mentioned (GUTIÉRREZ DE CABIEDES, 2009, 25). The problem thus acquires a social dimension that allows an approach from multiple disciplines. Considering consumer over-indebtedness involves giving rise to certain solutions inspired by the specific protective principles of consumer law and, likewise, restricting its application to people who are technically defined as such in the respective laws. In this work we do not analyze the legal regime of the consumer, nor the legal regime applicable to credit contracts, but we do analyze over-indebtedness as a consequence of access to consumer credit as the main source of financing for the acquisition of goods and services. (BIFERALI, 2018, 1839), which in a certain context of vulnerability appears very disordered. The concept of vulnerability has been studied by different disciplines. In what interests us, we will focus on economic and legal vulnerability.

Keywords : overindebtedness; vulnerability; consumer credit; consumer; Directives.

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