약관규제법하에서의 금융기관표준약관의 기한이익상실조항
분야
사회과학 > 법학
저자
최금숙 ( Keum Sook Choe )
발행기관
이화여자대학교 법학연구소
간행물정보
법학논집 2004년, 제8권 제2호, 13~34페이지(총22페이지)
파일형식
2b600376.pdf [무료 PDF 뷰어 다운로드]
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    Korea has the Act of Control of the Standard Form(Enactment 1986.12.31, Act No. 3922; partly Revised 2001.3.28; I call this act as ACSC after this). ACSC Section 2 paragraph 1 says that the Standard Form Contracts are the contract terms of which one party makes previously the form in order to make a contract with other party, no matter what the names of the contracts are. Korean Civil Law Code Section 388 provides for Forfeiture of Benefit of Lime, and says that the obligor cannor claim the benefit of time under the following circumstances: If the obligor has damaged, diminished of extinguished the security, and If the obligor has failed to perform the obligation of furnishing the security; and ACSC section 11 says that following contract terms are void, and the same Section Paragraph 2 provides that one of the following terms is about the term of the Forfeiture of Benefit of Time without any reasonable ground. Then bands use the standard Form Contracts, and there are several contract terms that are about the Forfeiture of Benefit of Time without any reasonable ground. And the standard Form Contracts of Bands are according to the Model of the Standard Form Contracts of Bands which were approved by the Korean Fair Trade Committee. In even those Approved, Standard Form Contracts of Bands, there are some terms of the Forfeiture of Benefit of Time without any reasonable ground. This legal paper is a study about the terms of the Forfeiture of Benefit of Time without any reasonable ground in the Approved, Standard Form Contracts of Banks. I urge the banks to revise the problematic terms of the Forfeiture of Benefit of Time without any reasonable ground in the Approved, Standard Form Contracts of Banks.
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