일본의 이자제한 법제에 관한 고찰

In Japan, The upper interest rates is set by Interest Rate Restriction Act and other related laws to cope with damage caused by immoderate interest contract. And Many precedents of Interest Rate Restriction Act have interpreted to protect debtors. In the 1960s and 1970s, Japan was characterized by respond to dispute of contract relations through precedents and The response to immoderate interest contract through a number of precedents is said to be a typical example. The Interest Rate Restriction Act in Japan stipulates that if the debtor pays the excess interest arbitrarily denies the claim for return. Despite the stipulations it was applied in favorable to debtor through The precedent that debtor possible to claim a return. In addition, The Money Lending Business Act in Japan enacted in the 1983, regulate money lenders was a provision that recognized receipt of the excess of interest under certain requirements. In response, The precedent interpreted that strict requirements should be met for recognition to receipt of the exess interest. Since then, Precedents of the tendency to interpret interest rate regulations in favor of debtor have continued. A major revision to Interest Rate Restriction Act and related laws was made around 2006. Some clauses were abolished or revised in line with the interpretation of the precedent with a tendency to protect the debtor. Currently, new interpretations are being requested, including whether the immoderate interest contract is illegal under the civil law and reconition of damages claims. These case law on immoderate interest contract in japan is also understood as a process of creating laws that have overcome legislation and realize the protection of debtor in field of consumer law. In this paper, examine the Interest Rate Restriction Act and Money Lending Business Act in japan. As a main discussion, it introduces the effectiveness of excess interest under the Interest Rate Restriction Act and the progress of major cases on claim for return that when debtor paying the excess interest. Also like to briefly introduce new points on immoderate interest rate contract raised after the revision on 2006.