统一的消费者信用代码

Q2 Social Sciences Business Lawyer Pub Date : 1968-03-01 DOI:10.2307/1120895
W. D. Warren, Homer Kripke, Francis A. Miskell, Paul R. Moo
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引用次数: 0

摘要

最近,州统一法律委员会一致通过了《消费者信贷法》作为统一法律。我的目标是简要介绍在制定《守则》过程中作出的一些主要政策决定。如你所知,《守则》涵盖为消费目的而向个人提供的信贷销售和贷款。它要求披露财务和其他费用;它规定了金融收费的上限;它监管信用保险;它为消费者提供救济,并限制债权人的救济;它还设立了一个管理者,有权管理所有的消费信贷供应商。一个很好的例子是,消费者信贷法现在已经为法典规定的重新编纂和统一做好了准备。半个世纪以来,立法者、行政官员和法院一直致力于州一级的消费者信贷问题,特别是在过去的25年里,在这个问题上制定了大量善意的立法。这些立法有些是有益的,有些则不然。在过去的几年里,我们学到了很多东西,许多人在过去的五年里一直在努力研究消费者信贷法规,他们努力将这些经验纳入该法案,以建立一种明智的、实用的法律基础,使消费者信贷在未来几年继续增长,并充分保护消费者和信贷提供者的利益。《消费者信贷法》几乎没有什么新内容;几乎所有案件都在一个或另一个司法管辖区受审。消费信贷现在是一个涉及全国范围的问题,消费者和债权人都感兴趣,而该法规试图在全国范围内实现这一领域的统一。
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THE UNIFORM CONSUMER CREDIT CODE
Recently the Commissioners on Uniform State Laws adopted by unanimous vote the Consumer Credit Code as a uniform law. My objective is to give a brief survey of some of the major policy decisions made in shaping the Code. As you know, the Code covers credit sales and loans made to individuals for consumer purposes. It requires disclosure of finance and other charges; it imposes ceilings on rates of finance charges; it regulates credit insurance; it provides remedies for consumers and limits the remedies of creditors; and it establishes an administrator with powers over all consumer credit suppliers. A good case can be made that consumer credit law is now ready for the recodification and uniformity that the Code provides. Legislators, administrators, and courts have been working on consumer credit problems at the state level for a half century, and a great volume of wellintended legislation has been enacted on the subject, particularly in the last 25 years. Some of this legislation has been beneficial and some of it has not. In those years we've learned a great deal, and the many people who have labored these past five years on the consumer credit code have worked to incorporate this experience into that act in order to build the kind of sensible, practical legal foundation that will allow consumer credit to continue its growth in years to come with adequate protection for the interests of both consumers and credit suppliers. Little in the Consumer Credit Code is new; almost all of it has been tried in one jurisdiction or another. Consumer credit is now a problem of national scope and interest to consumers and creditors alike and the code is an attempt to bring nationwide uniformity to the area.
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来源期刊
Business Lawyer
Business Lawyer Social Sciences-Law
CiteScore
0.90
自引率
0.00%
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期刊介绍: Published quarterly, The Business Lawyer is the premier business law journal in the country, circulating to approximately 60,000 readers. It contains articles of significant interest to the business lawyer, including case law analysis, and developing trends
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