On Consumer Credit Contracts

The transaction form has gone through cash payment,money and goods,to the commercial credit given by the seller for deferred payment,and then to the third-party payment transaction mode,consumers do not need to bring their own full cash when purchasing goods or services,and the bank or other financial institutions provide deferred payments or other currency financing.This contract,which is facilitated by the creditor by providing credit,deferred payment or other currency financing,is a consumer credit contract.In combination with the reality of consumer weakness in consumer credit,in order to achieve a balance between stimulating consumption and protecting consumer rights,it is necessary to provide special protection for consumers.The written requirement of the form of consumer credit contract is to cure the party's meaning,and the effect of the statutory form requirements should be valid within the scope of the borrower's acceptance or use of consumer loans.The purpose of the consumer credit contract has a great effect on affecting the validity of the contract,determining the contractual obligations,improving the terms of the contract,and guaranteeing the right to cancel the consumer.According to extraterritorial legislation,whether it is the United States,the European Union or Taiwan,China will give great protection to consumer rights in credit transactions,especially the importance of credit information collection and consumer credit information disclosure before the conclusion of consumer credit contracts.The sale and purchase contract is considered as a related contract with the consumer credit contract,and the consumer's right of defense against the seller is allowed to extend to the creditor.At the same time,in the process of fulfilling the consumer credit contract,the consumer is given the right to withdraw during the cooling-off period.By combing the development of consumer credit,this paper defines the connotation and speciality of consumer credit contract.It is suggested that when China issues the consumer credit law,it focuses on publicly trading information,attaches importance to consumer credit information,gives consumers the right to withdraw,extends the right of defense,and analyzes In the field of consumer credit contracts,it is reasonable to impose restrictions on the “accelerated expiration” clause for the lender in terms of limiting the degree of default and the notification procedure,and denying the default of “repaying loans in advance”.To protect the rights and interests of credit consumers and safeguard the healthy development of China's consumer credit market.