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Law and World ◽  
2021 ◽  
Vol 7 (5) ◽  
pp. 60-88

This article examines the issue of information asymmetry in consumer law and deliberates on the necessity of regulation of the status of a consumer and their protection mechanisms. It is evident that the relevant Georgian law, by and large, does not guarantee the sufficient safeguarding level and thus the approximation to the respective EU legislation cannot be deemed successful in toto. Furthermore, this article analyzes the Draft Law of Georgia on the Protection of Consumer Rights and displays the possible challenges. In addition, the special emphasis is on consumer credit contracts. In the wake of the growing importance of behavioral analysis and its impact on the law and economics, the standard of an in- formed and rational consumer, which constitutes a cornerstone of the EU consumer law, is now highly debated. By reviewing some findings in behavioral law and economics, along with the international legislation and case law, it is argued that some im- plications of behavioralism should be taken into account in the field of consumer law.


2021 ◽  
Vol 3 (2) ◽  
pp. 128-134
Author(s):  
Sinta Wijayanti ◽  
Yosua Damas Sadewo

The purpose of this study was to analyze Customer Profitability in the Diaspora Savings and Loans Cooperative (Credit Union). This research is a comparative quantitative research. The consumers studied were limited to debtor customers only. There are 4 consumer groups studied, where each group consists of 30 customers. Data were collected by using a documentary study technique by examining credit contracts and financial statements of each customer. The data were analyzed by means of a mean difference test with an independent sample t-test technique. The results showed that the groups of consumers who gave the highest profitability were the cheap and passive groups. Meanwhile, the consumer group that tends to harm the cooperative is the aggressive group. Thus, it is suggested to the cooperative manager to increase the number of consumers in the cheap and passive groups and reduce the number of consumers in the aggressive group.


2021 ◽  
Vol 52 (2) ◽  
pp. 373-412
Author(s):  
Jeremiah McLanahan

The most interesting recent developments in economics have come from behavioural economics, which attempts to model how people will behave in real life situations. The insights offered by behavioural economics can also be applied to law. This article discusses law and behavioural economics generally, and then applies it to the New Zealand high-cost loan industry. The high-cost loan industry is responsible for a great deal of harm in New Zealand, and in 2019 Parliament passed sweeping amendments to the Credit Contracts and Consumer Finance Act 2003 to insulate consumers from that harm. Law and behavioural economics suggest alternative strategies to those amendments that can address the harms while retaining the benefits that high-cost loans can provide. This article designed an experimental survey to test one such strategy, and the results and implications for policy are discussed.


2021 ◽  
Vol 3 (2) ◽  
pp. 137-154
Author(s):  
Pujiyono Pujiyono ◽  
Umi Khaerah Pati ◽  
Pranoto Pranoto ◽  
Kukuh Tejomurti

This article aimed to analyze the problem of legal cases accumulation, especially default on credit contracts in court. It also analyzes the effectiveness of implementing a small claim court in contract default and the independence of a single judge in handling cases through the small claim court mechanism. Small claim court also to offer a breakthrough in the settlement of bad loans related to contract defaults to reduce the burden on courts in Indonesia and provide legal certainty to business actors. The sole judge also  examine, resolve and decide on inheritance cases in a fast and efficient process to issue a fair decision for all parties. This normative study was carried out using statutory, case, comparative law, and analysis content approaches. The research results showed that the filing of small claim court increased 10 times from 2015 to 2020, with the plaintiffs dominated by banks in bad credit cases. A small claim court provides benefits the bank and the customer because it speeds up the settlement of the plaintiff's money in a bad credit case with a case value of not more than 500 million, especially for microloans in a maximum period of 25 days. Furthermore, the latest regulation of 2019 concerning small claim court gives judges the authority to confiscate guarantees and conduct auctions to carry out forced executions through the Court Execution Auction process.


2021 ◽  
Author(s):  
Refni Yunita ◽  
Romi Susanto

The purpose of this study was to determine how credit management at PT. Bank Perkreditan Rakyat Batang Tarusan in the 2015-2019 period. The research method used is a qualitative method. The results of the discussion of the Activities of Business Loans at PT. Bank Perkreditan Rakyat Batang Tarusan in accordance with established procedures, starting from credit applications, credit application analysis, credit application surveys, credit analysis, loan cammites (decision makers), credit contracts, credit disbursement and credit supervision


2021 ◽  
Author(s):  
Roza Islami Putri ◽  
Ratna Widayati

The purpose of this study was to find out how to provide credit at Bank Nagari Cabang Painan. The research method of data collection uses two methods, namely library research and field research. The results of this study are the implementation of lending at Bank Nagari Cabang Painan in accordance with established procedures, starting from credit applications, credit analysis, recommendations, credit decisions, signing credit contracts, credit realization and credit supervision. The development of credit at the Bank Nagari Cabang Painan has increased every year this is due to the excellent financial performance of the Bank Nagari Cabang Painan.


2021 ◽  
Author(s):  
Hardi Tofiq

The difference in the countries to which both the seller and the buyer belong in the commercial exchanges has increased the discrepancy in the laws and rules that govern the conduct of the most important banking count approved for the settlement of such exchanges, which is the documentary credit process, as a result of the different economic, banking and financial systems from the other, so there was a need to unify These customs and customs are in a unified form, which is called today the unified rules and customs of documentary credit, which are applied to the conduct of documentary credit contracts at the global level. Therefore, we consider it necessary to make an amendment in the Iraqi law regarding the organization of the documentary credit process, because the articles related to the provisions of documentary credits are not sufficient in themselves to indicate all the problems that may result from it due to developments in international trade.


2021 ◽  
Vol 2 (2) ◽  
pp. 344-349
Author(s):  
Aryabang Bang Frisyudha ◽  
I Nyoman Putu Budiartha ◽  
Ni Komang Arini Styawati

Government policies due to the spread of Covid-19 have caused a weakening economic impact due to restrictions on community activities as well as business activities including the implementation of business contracts. The realizing of the rights and obligations of the business contract is hampered, and even there is the possibility that it will not be carried out which caused non-performance of contract. One of the contracts that caused it during the pandemic is the banking sector which refers to credit contracts. The research method used is normative research with statutory and approach. The technique of collecting materials applied in this research is literature study in the form of literature, journals and the results of previous research and documentary studies. in the form of a collection of the documents with interpretation and review through statutory regulations based on primary and secondary legal sources. The results shows that the legal consequences of renegotiation on the implementation of business contracts during the Covid-19 pandemic have generated goodwill from the parties in the contract where both parties act with consideration of the interests of the other party as well as during the current pandemic where creditors must pay attention to the interests of the debtor and the role The government in its efforts to settle business contract defaults during the pandemic is to implement a countercyclical policy.


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