定型化契約檢討與反思---以信用卡條款為研究對象

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Title:	定型化契約檢討與反思---以信用卡條款為研究對象 Standard Contract Review and Reflection---Using Credit Card Terms as Study Object
Authors:	孫勝厚
Contributors:	法律學系碩士在職專班
Keywords:	契約自由定型化契約信用卡條款循環利息違約金 free agreement fixed agreement credit card conditions revolving interest penalty fees
Date:	2014
Issue Date:	2014-03-06 15:37:57 (UTC+8)
Abstract:	社會經濟變遷、消費者信用普級化，塑膠貨幣及金融商品因此具有高度的流通性，其中信用卡之使用相對變的普及化。發卡機構採行定型化契約規範持卡人，使得消費者處於不對等之地位，造成契約當事人無法磋商。發卡機構基於契約自由，無違反任何強行或任意規定，與消費者約定之循環利息、違約金等，雖為法律規範所容許之範圍，卻造成嚴重之信用卡債務問題，導致政府機關設置債務協商管道，制定消費者債務清理條例…等因應，以解決信用卡債務問題。本論文提出之目的，主要有二，一是探討銀行定型化契約內容對於消費者而言是否處於對等地位，二是對信用卡定型化契約中有關循環利息及違約金條款進行檢討。探求我國法制不足之處，進而防堵可能發生之問題，以保障當事人間相關權利義務之公平。以避免銀行與消費者在信用卡契約中權利義務關係失衡之情形。 With evolution in the social economy consumer credit has gained prevalence. Resultant plastic currency and financial products have as well increased motility and the use of credit cards has likewise become commonplace. In the effort to standardize cardholders, card issuing organizations have adopted fixed contracts with consumers occupying an inequitable position and providing no opportunities for the contractual parties to negotiate. Under these agreements the card issuer retains contractual liberty without provision of any force for breach, whereas, the consumer carries stipulations for revolving interest, penalty fees, etc. Though the aforementioned is permissible under prevailing legal regulations, however it can cause problems of serious credit card debt leaving government organizations to set up channels for debt assistance, conditions for consumer debt clearance and other such programs as a means to resolve issues of credit card debt. This thesis has two main objectives: (i) to investigate the contents of bank drafted fixed contracts with respect to whether these agreements comprise equal treatment for consumers, and, (ii) to examine the relationship between stipulated revolving interest and penalties in the fixed contracts governing credit cards. In addition, an investigation of the inadequacies in the nation’s legal system has been undertaken as deterrence against the recurrence of potential problems and as a means to guarantee equity in the relevant obligatory rights of the involved parties thereby preventing situations of disparity between the obligatory rights of banks and consumers in credit card agreements.
Appears in Collections:	[Department of Law & Graduate Institute of Law ] thesis

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