The Acceleration Clause Of The Bank Load Contracts

The acceleration clause is an important terms which used to guard against risks by Bank in the loan contract. In practice, there are different provisions the bank made, and the nature of the acceleration clause does not provisions clearly, which, therefore, lead a lot of disputes. In this paper, from an empirical point of view and theoretical point of view in-depth analysis the acceleration clause, and discussed the necessity of it and which problems should be regulated. This paper is divided into four sections:Part one:clarify the background of the research, mainly to explain the "acceleration clause" and research methods, as the starting point and the basis of the article. Part two:empirical analysis of the acceleration clause. Though collected the loan contract, and summarized, collated and analyzed the case, which laid a foundation for the latter part of the paper. Part three:legal Analysis of the acceleration clause. Discussed the nature and the effectiveness of the acceleration clause by compared the acceleration clause, precarious right to defense and break clause. At the same time, analysis the relationship between acceleration clause and the provision of prohibiting against early repayment of bankrupt enterprises in Bankruptcy Law, which often lead controversy. Part four: Regulation of the acceleration clause. It must be regulated, although the acceleration clause can be very effective to control the risk of loans. The article analyzed from two angles of the bank and the borrower, the consideration on both sides should be the focus of regulation.