Právna náuka

Unfair Commercial Practices Directive, Whereas, (18) Unfair Commercial Practices Directive, Whereas, (19)

This article focuses on the provision of financial services in the light of the legislation regulating usury valid as of 31 December 2015.

The article analyses Act No. 300/2005 Coll. Criminal Code, as amended with respect to Section 235 governing a criminal offence of usury.

The author describes the objective (the imbalance between the obligations of the creditor and debtor, the negative situation of the damaged party) and the subjective (the conditions for proof of fault) preconditions of usury.

This article further describes the implementation of Directive 2005/29/EC (in particular the implementation of Article 18 and 19) and the usury as organized crime in the light of Sections 235, 141 and 129 of the Slovak Criminal Code.

This article also describes the relevant case law of other states (such as Austria, Germany and the Czech republic) with respect to the legislation regulating usury.