消費者金融とグレーゾーン金利の方向性

概要

論文の詳細を見る
Essentially, the debtor does not have to pay that part of the interest rate which exceeds the limits established by the Interest Restriction Act. However, interest rate payments made by debtors of their own free will and accord, are valid and the consumer cannot later demand the return of the excess portion paid. On the other hand, a penalty is imposed for the making of contracts with interest exceeding the cap specified in the Investment Law. Those interest rates that exceed the interest rate cap stipulated by the Interest Restriction Act but which do not exceed the interest rate cap specified by the Investment Law are called gray zone interest rates in Japan. In January2006, the Supreme Court (of Japan) issued a decision that deemed those gray zone interest rates to be null and void where payment was made under duress. As the conclusion of this judgment merely reiterates the obvious, the legislative revisions to abolish gray zone interest rates downright should immediately be enacted. When doing so, it will be necessary to revise the classifications for interest rate standards, as well as the interest rates to be applied, basing them on monetary amounts that take the present situation into account.
福岡工業大学の論文
2006-09-30