2017-04-23 00:23

消费信贷法1974对信用契约的形成有影响。然而,它并没有改变合同形成的普通法规则,但在这种情况下,它确实对消费者提供了一定程度的保护。这方面的一个例子涉及上述规定,即债务人有权接收文档提供有关该协议使他考虑进入合同效力的足够信息。[ 11 ]这些规定的治理形式,消费信贷合同必须作出,而且文件下协议的债务人必须提供。这里有一个有趣的重叠与银行管理法的更广泛的立法制度。从汇协议涉及债务人透支账户不包括1974幕。这只会申请,但是,如果公平贸易局已经确定,特别是银行是免税的。[ 12 ] 1979银行法案的影响进一步在这种情况下,然而,通过引入一款1974的行为,认为公平贸易办公室必须免除主要银行需要遵守60节–64 1974幕。[ 13 ](经常做出这一判断的一般注意不29。其中消费者进入信贷安排,合同的形式,使他成为债务人,当然是一个重要的文件。这将包含双方的条款和义务的协议,因此必须得到充分理解的债务人。如上所述,尽管消费信贷立法不改变合同形成的普通法规则,它寻求保护的潜在债务人根据贷款实情的目标和有效的信息提供,甚至在合同形成阶段。1974幕使法规作出规定的形式和管理文件内容的消费信贷安排下规定。[ 14 ]这随后被用来产生消费信贷(协议)规定的1983,这是由消费信贷修正(协议)(修订)条例2004。这些法律规定的效力,合同文件,消费者很快将债务人的迹象,必须清楚和必须的状态的所有相关信息的协议将如何运作。[ 15 ],可以清楚地辨别这些规定贷款实情的目标提供有效的信息。
The Consumer Credit Act 1974 has an impact on the formation of credit contracts. It does not, however, alter the common law rules of contract formation, but it does afford a degree of protection to the consumer in this context. An example of this relates to the provisions mentioned above, namely that the debtor is entitled to receive documentation providing sufficient information about the proposed agreement to enable him to consider the effect of entering the contract.[11] These provisions govern both the form in which consumer credit contracts must be made, and also the documents which the debtor under the agreement must be provided with. There is an interesting overlap here with the wider regime of legislation governing banking law. The 1974 Act excludes from its remit agreements relating to debtors overdrafts in current accounts. This will only apply, however, if the Office of Fair Trading has determined that the particular bank is exempt.[12] The Banking Act 1979 impacted further on this situation, however, by introducing a subsection to the 1974 Act that states that the Office of Fair Trading must exempt the main banks from the need to comply with section 60 – 64 of the 1974 Act.[13] (The OFT made this determination in General Notice No 29.The form of the contract which the consumer enters in a credit arrangement, and by which he becomes the debtor, is of course a fundamentally important document. This will contain the terms and obligations of both parties to the agreement, and must therefore be fully understood by the debtor. As mentioned above, although the consumer credit legislation does not change the common law rules of contract formation, it does seek to protect the potential debtor pursuant to the objectives of truth in lending and the provision of effective and valid information, even at the formation stage of the contract. The 1974 Act makes provision for regulations to be made which prescribe the form and content of the governing documents under a consumer credit arrangement.[14] This has subsequently been invoked to produce the Consumer Credit (Agreement) Regulations 1983, which were amended by the Consumer Credit (Agreement) (Amendment) Regulations 2004. The effect of these statutory provisions is that the contractual document which the consumer, soon-to-be-debtor, signs, must be legible and must also state all the relevant information about how the agreement will operate.[15] Again, one can clearly discern the objectives of truth in lending and the provision of effective information in these provisions.
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