신용계약의 규율방향 시론

• 영문명: The Way to Regulate Credit Contract- A Study on the Loan Credit -
• 발행기관: 한국민사법학회
• 저자명: 서희석(Heeseok Seo)
• 간행물 정보: 『민사법학』제55호, 133~176쪽, 전체 44쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2011.09.30

영문 초록

When it is based on the forms of credit available, the credit transaction can be classified into loan credit (net credit), sales credit and lease credit. It is a characteristic of the current Korean legislation that various special laws exist for regulating each region of such credit transactions. The problem is that as these special laws were enacted for each individual purpose, not being governed systematically by comprehensive concepts such as credit contract or consumer credit, the mutual relationship between the individual law and the range of disciplines remain unclear or vague. Consequently, credit laws are recognized as the highly complex and esoteric realm. Thus, special laws on credit contracts for a variety of purposes require a more detailed analysis on the discipline system or the mutual relationship. Considering the above problem, this article examined mainly the loan credit. Loan credit has two main issues in terms of the civil law, that is, how to be regulated by contract law (the issue of contract law) and how to regulate the high interest (the issue of interest limitation). After the examination of the current laws (Civil Code, Loan Credit Business Act, Interest Limitation Act), this article suggested the way to incorporate the main ideas of credit contract into the Civil Code by subdividing the section of loan contract for consumption of the Civil Code into the general provisions, loan credit, sales credit. Interest Limitation Act may be incorporated into the loan credit , however, the dual structure of interest limitation (i.e., the vertical split into the Interest limitation Act and the Loan Credit Business Act) shall be settled first. Additional things other than Interest Limitation Act shall be determined through the review of the practical needs and of comparative laws.

목차

Ⅰ. 문제의 소재

Ⅱ. 대부신용의 계약법적 규율

Ⅲ. 이자제한

Ⅳ. 대부신용의 규율방향

Ⅴ. 결론에 갈음하여

참고문헌

키워드

신용계약 소비대차 금전소비대차 이자부 금전소비대차 소비자신용 대부계약 이자제한법 대부신용 대부업법 credit contract consumer credit (law) loan credit sales credit pecuniary loan for consumption Interest Limitation Act Loan Credit Business Act