If, as sociologist Maurizio Lazzarato has highlighted, debt has become the fundamental social relation in modern societies, the law must properly acknowledge this and regulate the social function that debt currently fulfils. This becomes particularly evident when considering mortgage debt and the wave of foreclosures that followed the 2008 financial crisis, and the poor protection that existing legal norms were able to provide for millions of families being evicted across Europe. Irina Domurath’s book “Consumer Vulnerability and Welfare in Mortgage Contracts” (Hart Publishing, 2017) addresses this mismatch, arguing that it is imperative that contract law, in particular EU mortgage contract law, takes into account the vulnerable position many consumers find themselves in and foresees appropriate tools to address their vulnerability in an integral manner.
Benito Sanchez, J. C. (2019). Book Review: Irina Domurath, “Consumer Vulnerability and Welfare in Mortgage Contracts”. European Law Review, 44(3), 436-438. https://hdl.handle.net/2078.5/98535 (Original work published 2019)