Departmental Bulletin Paper 銀行カードローンと過剰貸付けの私法的効力

木村, 裕二

  Banks that continuously or repeatedly generate excessive loans under basic revolving credit contracts make debtors’ financial lives worse through such actions.  Moreover, if the lion’s share of those loans are close to the rates defined in Article 1 of the Interest Rate Restriction Act, the bank’s actions will be considered contrary to the principle of good faith toward its debtors. A bank may not demand the return of principal in relation to the excess portion of a loan, nor may it demand interest on the same. Recalculation is necessary to confirm the amount of the principal in the obligation that the debtor is liable to perform. A guarantor company may not demand liquidated damages in relation to any amounts corresponding to charges pertaining to the guarantee.

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