债务人死亡情况下网络贷款协议纠纷的处理

I Wayan Gede Purnayasa Wijaya, I Nyoman Putu Budiartha, I Made Aditya Mantara Putra
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引用次数: 0

摘要

当前信息通信技术的发展对人们的经济活动产生了影响,其中之一就是借贷活动。原先以传统方式进行的借贷和借钱,现在很多都转向了网络借贷活动。但是,在其活动中,如果债务人(贷款人)在偿还期限前死亡,债权人(贷款人)在清偿债务方面遇到问题。这是因为在观察到的网络借贷协议中,许多协议没有包括债务人(贷款接受者)死亡后的债务结算形式。本研究提出的问题是,在债务人死亡的情况下,网络货币借贷协议中的债权人如何获得法律保护,以及在债务人死亡的情况下,网络货币借贷协议中采取何种形式的争议解决措施。本研究方法采用规范性法律研究类型,既有成文法研究方法,又有概念研究方法。本研究结果表明,在债务人死亡的情况下,网络借贷协议中债权人的法律保护形式是预防性保护(应用5C原则,每笔交易都使用托管账户和虚拟账户),而压制性保护(组织者通过计费单位提供帮助,协助调解,投诉)。解决纠纷可以通过非诉讼(庭外)和诉讼(庭内)两种方式进行。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Settlement of Online Loan Agreement Disputes in the Event of the Debtor Dies
The current development of information and communication technology has an impact on people's economic activities, one of which is the activity of borrowing money. Borrowing and borrowing money that was originally carried out conventionally, now many have switched to online lending and borrowing activities. However, in its activities, there are problems experienced by creditors (lenders) related to settlement of obligations if the debtor (lender) dies before the repayment period. This happens because in the observed online lending and borrowing money agreements, many do not include the form of settlement of obligations if the debtor (loan recipient) dies. The issues raised in this study are how legal protection is for creditors in online money lending agreements in the event that the debtor dies and what forms of dispute resolution efforts are made in online money lending and borrowing agreements in the event that the debtor dies. This research method uses a normative legal research type with a statutory approach and a conceptual approach. The results of this study indicate that the form of legal protection for creditors in online money-lending agreements in the event that the debtor dies is through preventive protection (applying the 5C principle and every transaction using an escrow account and virtual account), while repressive protection (organizers help through billing units, assist in mediation, make complaints). And efforts to resolve disputes can be done through non-litigation (outside court) and litigation (in court).
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