Imperfect Information of Bankers Clause in Credit Agreements in Banking Institutions: Further Legal Impact

Rosyidi Hamzah, A. Admiral, Fadhel Arjuna Adinda, John Woodward
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Abstract

Banking institutions primarily serve as intermediaries, collecting funds from the public through deposits (including savings, deposits, and current accounts) and redirecting these funds to the public in the form of credit. The execution of credit transactions necessitates a formal credit agreement to ensure legal certainty. These agreements typically follow a standardized pattern, with the bank drafting the terms and customers, often in a position of economic dependency, obliged to sign. Within the credit agreement, a crucial component is the banker clause, designed to mitigate credit risks. In the event of unforeseen circumstances, such as the customer's demise, this clause ensures that an insurance company settles the remaining debt. However, the effectiveness of this clause is contingent on the comprehensiveness of the insurance coverage. One noteworthy issue arises from the lack of transparency during the signing of credit agreements. Customers, represented solely by the bank during this process, may not be fully informed about the intricacies of the banker clause. Consequently, customers have found themselves in situations where they are obligated to fulfill outstanding credit obligations despite insurance claim rejections due to undisclosed specifics of certain diseases. To address this concern, it is imperative to establish explicit regulations governing disclosing information related to the banker clause during the signing of the credit agreement. This necessitates a collaborative effort involving the customer, bank, and insurance institution, ensuring that all relevant parties convene to discuss and clarify the terms of the credit agreement, particularly those related to the banker clause.
银行机构信贷协议中的银行家不完全信息条款:进一步的法律影响
银行机构主要作为中介机构,通过存款(包括储蓄、存款和活期账户)向公众募集资金,并以信贷形式将这些资金转给公众。信贷交易的执行需要正式的信贷协议,以确保法律的确定性。这些协议通常采用标准化模式,由银行起草条款,客户通常处于经济依赖地位,有义务签署。信贷协议的一个重要组成部分是银行条款,旨在降低信贷风险。如果出现客户死亡等意外情况,该条款可确保由保险公司清偿剩余债务。不过,该条款的有效性取决于保险范围的全面性。一个值得注意的问题是信贷协议签署过程中缺乏透明度。在这一过程中,客户仅由银行代表,可能无法充分了解银行家条款的复杂性。因此,客户发现自己处于这样的境地:尽管保险索赔因某些疾病的具体情况未披露而被拒绝,但他们仍有义务履行未偿信贷义务。为了解决这一问题,当务之急是制定明确的法规,规范在签署信贷协议时披露与银行家条款相关的信息。这就需要客户、银行和保险机构通力合作,确保所有相关方召开会议,讨论并明确信贷协议的条款,尤其是与银行家条款相关的条款。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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