《消费者保护法》对银行信贷协议中银行客户的法律保护

Hotman Sinambela
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引用次数: 0

摘要

研究的主要目的是找出、描述和分析农村银行信贷协议中的标准条款是否反映了信贷协议,是否与合同自由原则和平衡原则相冲突,以及在农村银行信贷协议中实施标准条款和法律保护的影响。针对因适用标准条款而受到损害的客户。研究结果表明,标准条款在BPR信用协议中的应用履行了合同自由原则、平衡原则和共识原则,因为它们的应用仍然为与客户的谈判开辟了空间,从而达成了协议。农村银行信贷协议标准条款的实施对客户作为消费者权利的影响是,由于标准条款的适用有害或繁琐,特别是条款的“接受或放弃”类比,客户没有维权或投诉的空间。-由银行决定的条件,其中包括银行有权在任何时候,在没有任何理由和事先通知的情况下,单方面终止信贷提取许可证。在出售信用不良的抵押品的情况下,BPR有权单方面确定抵押品的出售价格。因信用协议中适用标准条款而受到损害的客户的法律保护对象是客户或消费者。消费者可依消费者保护法第19条之规定,申请BPR
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal Protection of Bank Customer Regarding Bank Credit Agreements According to the Consumer Protection Law
The main objective of the research is to find out, describe and analyze whether the standard clauses in Rural Bank credit agreements (BPR) reflect the credit agreement and do not conflict with the principles of freedom of contract and the principle of balance as well as the impact of implementing standard clauses in Rural Bank credit agreements and legal protection. against customers who are harmed by the application of the standard clause. The research results reveal that the application of standard clauses in BPR credit agreements has fulfilled the principles of freedom of contract, balance and the principle of consensualism because in their application they still open up room for negotiation with customers so that an agreement is reached. The impact of implementing the standard clauses of Rural Bank credit agreements on customers' rights as consumers is that customers do not have room to defend their rights or to file complaints due to the application of standard clauses which are detrimental or burdensome, especially with the "take it or leave it" analogy to the terms. - conditions determined by the bank, which include the bank's authority to unilaterally at any time without any reason and without prior notice terminate the credit withdrawal permit. In the case of sales of collateral whose credit is bad, the BPR has the authority to unilaterally determine the selling price of the collateral. Legal protection for customers who are harmed by the application of standard clauses in credit agreements is the customer or consumer. The customer can apply to the BPR according to the protection provided by Article 19 of the Consumer Protection Law
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