scholarly journals TỶ LỆ LÃI SUẤT TRONG HỢP ĐỒNG VAY TIỀN THEO QUY ĐỊNH CỦA PHÁP LUẬT DÂN SỰ VIỆT NAM QUA CÁC THỜI KỲ TRONG MỐI LIÊN HỆ VỚI PHÁP LUẬT TÍN DỤNG

Author(s):  
Le Thi Bich Chi ◽  
Le Minh Bao Trung

Interest rates are a financial tool to ensure the rights of lenders in loan contracts. Accordingly, the borrower is obliged to pay interest if so agreed or provided by law. Through the amendments of the Civil Code, interest rates are an item that has had many changes compared to other provisions in loan agreements. However, the interest rates prescribed in the current Civil Code still cause different interpretations, especially in relation to credit laws. This leads to inconsistent application of the law, especially when dealing with credit contract disputes. Therefore, based on the study of interest rate regulations on loan contracts under the laws of Vietnam over time, we analyze some problems about interest rates and credit law under the current Civil Code and make some specific recommendations to solve the problems.

2019 ◽  
Vol 13 (3) ◽  
pp. 472-494
Author(s):  
Gebreyesus Abegaz Yimer

Credits from informal credit markets are commonly used by those who have limited access to formal financial institutions. There is no comprehensive legal framework that deals with informal credit markets in Ethiopia. The lack of clear, effective and enforceable legal framework to regulate transactions in the informal credit markets has created uncertainty on the applicable laws. Legal contentions on the formation of valid loan contracts and in relation to interest rates have caused ambiguities and inconsistent patterns of interpretation among courts, legal professionals and parties who are involved in the informal credit markets as borrower or lender. This article examines how the provisions of the Civil Code that regulate contract of loan are used and interpreted by courts and contracting parties. Thirty court cases are used to examine how courts apply the provisions of the Civil Code in their decisions in loan related cases in the context of informal credit markets. Key terms Contract of loan, Enforcement of contract, Access to finance, Informal credit markets, Oral evidence, Parol evidence rules


2020 ◽  
pp. 31-53 ◽  
Author(s):  
Anna A. Pestova ◽  
Natalia A. Rostova

Is the Bank of Russia able to control inflation and, at the same time, manage aggregate demand using its interest rate instruments? In other words, are empirical estimates of the effects of monetary policy in Russia consistent with the theoretical concepts and experience of advanced economies? This paper is aimed at addressing these issues. Unlike previous research, we employ “big data” — a large dataset of macroeconomic and financial data — to estimate the effects of monetary policy in Russia. We focus exclusively on the period after the 2008—2009 global financial crisis when the Bank of Russia announced the abandoning of its fixed ruble exchange rate regime and started to gradually transit to an interest rate management. Our estimation results do not confirm standard responses of key economic activity and price variables to tightening of monetary policy. Specifically, our estimates do not reveal a statistically significant restraining effect of the Bank of Russia’s policy of high interest rates on inflation in recent years. At the same time, we find a significant deteriorating effect of the monetary tightening on economic activity indicators: according to our conservative estimates, each of the key rate increases occurred in March and December 2014 had led to a decrease in the industrial production index by about 0.2 percentage points within a year.


2020 ◽  
Vol 24 (1) ◽  
pp. 26-48
Author(s):  
Warren Swain

Intoxication as a ground to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and individual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism.


2016 ◽  
Vol 21 (1) ◽  
pp. 1-7
Author(s):  
Risna Risna

This study aims to determine the effect of government spending, the money supply, the interest rate of Bank Indonesia against inflation.This study uses secondary data. Secondary data were obtained directly from the Central Bureau of Statistics and Bank Indonesia. It can be said that there are factors affecting inflationas government spending, money supply, and interest rates BI. The reseach uses a quantitative approach to methods of e-views in the data. The results of analysis of three variables show that state spending significantand positive impact on inflationin Indonesia, the money supply significantand negative to inflationin Indonesia, BI rate a significantand positive impact on inflation in Indonesia


2018 ◽  
Vol 23 (1) ◽  
pp. 60-71
Author(s):  
Wigiyanti Masodah

Offering credit is the main activity of a Bank. There are some considerations when a bank offers credit, that includes Interest Rates, Inflation, and NPL. This study aims to find out the impact of Variable Interest Rates, Inflation variables and NPL variables on credit disbursed. The object in this study is state-owned banks. The method of analysis in this study uses multiple linear regression models. The results of the study have shown that Interest Rates and NPL gave some negative impacts on the given credit. Meanwhile, Inflation variable does not have a significant effect on credit given. Keywords: Interest Rate, Inflation, NPL, offered Credit.


Author(s):  
Ly Tayseng

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.


Author(s):  
Masami Okino

This chapter discusses the law on third party beneficiaries in Japan; mostly characterized by adherence to the German model that still bears an imprint on Japanese contract law. Thus, there is neither a doctrine of consideration nor any other justification for a general doctrine of privity, and contracts for the benefit of third parties are generally enforceable as a matter of course. Whether an enforceable right on the part of a third party is created is simply a matter of interpretation of the contract which is always made on a case-by-case analysis but there are a number of typical scenarios where the courts normally find the existence (or non-existence) of a contract for the benefit of a third party. In the recent debate on reform of Japanese contract law, wide-ranging suggestions were made for revision of the provisions on contracts for the benefit of third parties in the Japanese Civil Code. However, it turned out that reform in this area was confined to a very limited codification of established case law.


Author(s):  
Gagan Goel ◽  
Vahab Mirrokni ◽  
Renato Paes Leme

We consider auction settings in which agents have limited access to monetary resources but are able to make payments larger than their available resources by taking loans with a certain interest rate. This setting is a strict generalization of budget constrained utility functions (which corresponds to infinite interest rates). Our main result is an incentive compatible and Pareto-efficient auction for a divisible multi-unit setting with 2 players who are able to borrow money with the same interest rate. The auction is an ascending price clock auction that bears some similarities to the clinching auction but at the same time is a considerable departure from this framework: allocated goods can be de-allocated in future and given to other agents and prices for previously allocated goods can be raised.


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