Article 35 › 1

Member States shall require creditors to exercise, where appropriate, reasonable forbearance before enforcement proceedings are initiated. Such forbearance measures shall take into account, among other elements, the consumer’s individual circumstances. Creditors shall not be required to offer forbearance measures reiteratively to consumers, unless in justified cases. Creditors shall not be required to perform a creditworthiness assessment in accordance with Article 18 when modifying the existing terms and conditions of a credit agreement in accordance with the third subparagraph, point (b) of this paragraph, provided that the total amount payable by the consumer is not significantly increased when modifying the credit agreement. The forbearance measures referred to in the first subparagraph: (a) may include, among other possibilities a total or partial refinancing of a credit agreement; (b) shall include modification of the existing terms and conditions of a credit agreement, which may, among other possibilities include: (i) extending the term of the credit agreement; (ii) changing the type of the credit agreement; (iii) deferring payment of all or part of the repayment of instalments for a period; (iv) reducing the borrowing rate; (v) offering a payment holiday; (vi) partial repayments; (vii) currency conversions; (viii) partial forgiveness and debt consolidation.

1 national measure recorded under this provision, in 1 form — sign in to view the analysis.

← 35 · All articles · 2 →

Source: EUR-Lex CELLAR · retrieved 2026-07-30