A Study upon the Legal Regime of Consumer Debt Clearance Act

• Main Authors: Der-Cherng Pan, 潘德承
• Other Authors: Robert Lih-Torng Chen
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/95060091443526734984

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 100 === The purpose of this thesis is “A Study upon the Legal Regime of Consumer Debt Clearance Actt in Taiwan. ” During 2005, there were numbers of debtors burdened with multiple debts because of the misconduct of financial policy and bank risk management and loose. Even though the Bankruptcy Act was enacted in 1935, it was too old to meet the present concept. The previous Bankruptcy Act was conservative, so it was not suitable for solving recent credit card debt problems. This issue becomes an obstacle to debtors. To avoid the problem of financial order and social unrest caused by credit card debt, and to give debtors a financial revival opportunity. The Consumer Debt Clearance Act was finally released in July 2007 under the public expectation. Then, it implemented officially on April 1st, 2008. This Act is particular legislated for individuals; besides, it introduced the concept of reconstruction of revival policy; simplified the bankruptcy procedures and made a new liquidation procedure. Meanwhile, it changed the procedure of debtors solving the debt problem independently into pre-stage consultation and brought an economic rebirth hope to debtors. The Act has been carried out more than 4 years; however, it did not give full play to its proper function. The enforcement people are still maintaining conservative attitude, the financial institutions are seeing the insolvency as a scourge. As a result, debtors are still facing multiple debts. In fact, many card debtors and scholars are concerned about the issues because the problem is caused by improper legislation or misconduct. This thesis is to focus on the level of legal regime and practices in the operation of current situation. Furthermore, there is a macro comparison of Consumer Debt Clearance Act between Taiwan and United States, Japan and Hong Kong legal system. Through the theoretical study of Consumer Debt Clearance Act, it examines the function and purpose of current Act and deals with the controversial content. In order to solve the opposition situation between debtors and creditors during the clearance procedure, and to achieve the legislative purpose of the Consumer Debt Clearance Act. To combine the theory with practice, the paper analyzes the pre-stage consultation, revival procedure in court and liquidation of approval or rejection circumstances, and highlights the deficiency of Consumer Debt Clearance Act in Taiwan. It provides overall and specific recommendations to afterward legislation or the practical operation as references; hence, it can help to improve related issues and legal regime of Consumer Debt Clearance Act.