贷款的法律重构;保护消费者观点

Aris Dwi Cahyanto, None Sunardi, Joko Setiyono
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引用次数: 0

摘要

本研究旨在从消费者保护的角度分析不良信用清算的法律重构。上述问题是债务人在信用协议中作为客户无法履行偿还债务的义务,从而产生不良信用问题。本研究采用的研究方法是实证法学研究。对债务人授予信用的执行情况的研究结果并不都是债务人自身的过错,也有外部原因导致信用不良,使债务人无法履行义务向债权人偿还债务,造成所谓信用不良的发生。鉴于抵押品是授信担保的一种要素,如果基于其他要素,可以获得对债务人发展其债务能力的信心,则抵押品只能是用该信用证融资的货物、项目或托收权的形式。银行向债务人提供信贷是建立在信任的基础上的,必须谨慎行事,因为贷款总是有风险的;还有违约问题(未付债务和停止支付的状态),不履行义务,违反时间限制或不执行信贷协议中的规定,如果发生这种情况,银行将遭受损失。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal Reconstruction of Loan; Consumer Protection Perspective
This study aims to analyze the legal reconstruction of bad credit settlements from the perspective of consumer protection. The problem described above is that the debtor is unable to fulfill his obligation to repay the debt as a customer in the credit agreement, which results in bad credit problems. The research method used in this research is empirical juridical law research. The results of the research on the implementation of credit granted by the debtor are not all the fault of the debtor alone, but there are also external causes that cause bad credit so that the debtor is unable to fulfill his obligations to repay his debt to the creditor, causing the occurrence of what is called bad credit. Considering that collateral is an element of guarantee for granting credit, if based on other elements, it can be obtained confidence in the ability of the debtor to develop his debt, the collateral can only be in the form of goods, projects or collection rights financed with the credit in question. Credit provided by banks to debtor customers is based on trust and must be done carefully because loans always contain risks; there are also problems of default (a state of unpaid debt and a state of stopping paying), not carrying out obligations, violating time limits or not carry out the provisions contained in the credit agreement if this happens the bank will experience a loss.
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