| || || Andre, Pierre.|
| || || A well-informed guarantor?|
Institution: University of the South Pacific.
Call No.: Pac K 1098 .A53 2009
Copyright:40-60% of this thesis may be copied without the authors written permission
Abstract: We intend to make a comparative study of three legal systems into the Pacific area, regarding consumer’s credit contracts. As we know, a contract is characterised by the free will of two entities to enter into. The reciprocal obligations are freely defined. So the less the law interferes, the better. But in the countries under consideration (French Polynesia, New Zealand, Fiji), lawmakers agree to provide a stronger protection for the debtor and his guarantor in case of consumers credits contracts. We focus our work on the provisions of three legal systems into the Pacific area aiming at improving the protection of the guarantor in case of consumer’s credit contract. The interests of all parties to the contract must be taken in account. The major risks are insufficient protection for the borrower and his guarantor on the one hand, or excessively onerous obligations for the creditor on the other. We notice that texts were very substantially reworked at the end of the 1990s and the start of the 2000s. Even a country like Fiji in the Pacific region, which remains comparatively at the hedge of globalisation and consumer society, has passed laws with the same purpose as France and New Zealand: to provide better protection for the debtor and his guarantor (when natural persons). A comparative study shows that laws of the three countries provided some similar original safeguards for the guarantor: requirement to disclose information to the guarantor, penalties laid down in the event of non-respect of these requirements, provisions relating to impartial information and independent advice. French law differs from the others legal systems by a greater formalism required on contracting a consumer credit and on disclosing information. But the procedures of consultation of citizens during the drawing up of the law as well as the appointment of an official body to provide impartial information and advice, like in Fiji or New Zealand, seem a better way to improve the protection of the guarantor in small Pacific countries, like French Polynesia or Fiji.