Submitted by bdp01 on Thu, 2019-06-27 15:48
Resposta

Yes. Consumer credit should result from a free agreement between the parties. The credit institution is therefore not obliged to grant the loan.

Before the institution decides whether or not to enter into a credit agreement, it is required to evaluate in advance the creditworthiness of the customer (i.e. the customer’s ability to pay the credit).

The customer’s creditworthiness should be evaluated on the basis of information that the institution considers sufficient and that can be obtained, in particular, from the customer or by consulting the databases of credit liabilities, framed by the legislation in force and with coverage and detailed information to substantiate that evaluation, or by consulting the public list of executions or other databases considered useful for the assessment of consumer creditworthiness.

If the credit application is rejected on the basis of the consultations with the referred databases, customers have the right to be informed immediately, free of charge, of that fact as well as of the information contained in the databases consulted.

Even if the credit is granted through a credit intermediary, the credit agreement is always concluded with a credit institution, thus prevailing the principle of contractual freedom and of the obligation to assess the customer’s debt capacity.

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