Penalty Provisions of Standard Credit Grant Contract constituted by a Bank

• Main Authors: Pin-Yang Chiu, 邱品洋
• Other Authors: Chin-Fa You
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/70508797092404287816

碩士 === 世新大學 === 法律學研究所(含碩專班) === 97 === Penalty provisions in standard form contracts is common used in the violation of loan agreement in banking lending practice. Penalty provisions has become a way banks claim damage loss due to the violation of loan agreement. In these days, A business customer may draw against the penalty provisions in standard form contracts due to the protections of the consumers’ right. The bank industry should modify the liquidated damages concerning the protection of consumers’ right. According to the principle of good faith, banks should modify liquidated damages to prevent the abuse of the liquidated damages. At first, the thesis will focus on analyzing the structure of law along with verities of practical theories. These include the content of the liquidated damages, the main criteria in distinguishing between compensatory liquidated damages and punitive liquidated damages. Furthemore, I will evaluate the effectiveness of liquidated damages . According to Civil Law section one of rule 247, the documents regarding consumers’ protection law has been applied ever since. There are many liquidated damages lines in the standard format contract. At last,there will be discussion on the appropriate use of these laws.