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학술논문중앙법학2008.12 발행KCI 피인용 2

할부거래법 개정안의 주요내용 검토

A Study on Major Issues of a Revised Bill of the Installment Transactions Act

구재군(아주대학교)

10권 4호, 73~96쪽

초록

In this thesis, I studied major subjects of a revised bill of the Installment Transactions Act (hereinafter "revised bill") and compared the revised bill with the existing Installment Transactions Act. I explained the contents and purport of a revised bill, and analyzed a point at issue of law. I proposed my opinion in relation to the point of dispute on a revised bill. A revised bill contains the refund procedures of an installment seller and a creditor in case of a consumer exercises his cooling-off right or refuses a claim of an installment seller. Matters concerning cases which a cooling-off right is not allowed are prescribed by Presidential Decree according to the Installment Transactions Act. But a revised bill prescribes the cases which a cooling off right is not allowed concretely. Such a measure will do much forward the protection of a consumer. A registration system of the prepayment installment plan and an insurance system which compensates a consumer for damages to regulate the business of mutual aid which is increasing rapidly in the last a few years were introduced to a revised bill. As the types of the installment transactions change from direct installment transactions to indirect installment transactions, a revised bill prescribes that a creditor is responsible to a consumer for providing information according to the change of types of the installment transactions.

Abstract

In this thesis, I studied major subjects of a revised bill of the Installment Transactions Act (hereinafter "revised bill") and compared the revised bill with the existing Installment Transactions Act. I explained the contents and purport of a revised bill, and analyzed a point at issue of law. I proposed my opinion in relation to the point of dispute on a revised bill. A revised bill contains the refund procedures of an installment seller and a creditor in case of a consumer exercises his cooling-off right or refuses a claim of an installment seller. Matters concerning cases which a cooling-off right is not allowed are prescribed by Presidential Decree according to the Installment Transactions Act. But a revised bill prescribes the cases which a cooling off right is not allowed concretely. Such a measure will do much forward the protection of a consumer. A registration system of the prepayment installment plan and an insurance system which compensates a consumer for damages to regulate the business of mutual aid which is increasing rapidly in the last a few years were introduced to a revised bill. As the types of the installment transactions change from direct installment transactions to indirect installment transactions, a revised bill prescribes that a creditor is responsible to a consumer for providing information according to the change of types of the installment transactions.

발행기관:
중앙법학회
DOI:
http://dx.doi.org/10.21759/caulaw.2008.10.4.73
분류:
법학

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할부거래법 개정안의 주요내용 검토 | 중앙법학 2008 | AskLaw | 애스크로 AI