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On The Legal Problems Of The Consumer Credit Contract

Posted on:2002-12-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q LuFull Text:PDF
GTID:2156360032953379Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The important difference between the consumer credit contract and the civil contract is the specific entity. The consumer credit contract is the contract between the company and the consumer. As the power of the company is strong and the consumer is very weak, protecting the consumer抯 right is the base of the mordern consumer credit law. To the consumer credit contract, the consumer credit law emphasizes on enlarge the consumer抯 right, limiting the credit grantor抯 right, stipulating the items of the form contract. After discussing the legislative thoughts that protect the consumer, the credit grantor抯 duty, the consumer抯 right, etc, the writer think the main purpose of the consumer credit law is to protect the consumer. Pre-contract duty in the cosumer credit contract is the credit grantor抯 duty mainly. Comparing with the consumer, the credit grantor is giant. So the law stipulates that the credit grantor must perform the pre-comtract duty. It is very important measure that balance the benefits of the entities and protect the consumer. The thesis emphasizes on opening the credit business items, keep the information secret during the investigation. The consumer抯 right is the core of the consumer protect law. The law stipulates what rights the consumer enjoys. The thesis ananlyzes the right that know the business items, the right to refuse the unfair deal, the benefit-proteding right in the limited time, the right to unilaterally terminate the contract. The consumer credit law does not only stipulate the consumer抯 rights, but also stipulate how to realize the rights. stipulating the items of the form consumer credit contract is the foothold that protects the consumer. The thesis discusses the validity of the items in the consumer credit contract. The law stipulates that the credit grantor should obey the good faith principle and fair principle when they writer the form contract. If the grantor violates the above principles, the items will be invalid.
Keywords/Search Tags:Consumer credit, Consumer, Consumer credit contract, Consumer's right
PDF Full Text Request
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