Legal Analysis of Credit Agreement Breaches by Debtors in Banking Financial Transactions from a Business Law Perspective
- DOI
- 10.2991/978-2-38476-531-7_24How to use a DOI?
- Keywords
- Agreement; Debtor; Business Law
- Abstract
A credit agreement is a civil legal relationship between a bank (creditor) and a customer (debtor) whereby the bank provides financing facilities to be repaid pursuant to agreed terms. In practice, debtor breaches—such as late installments, unauthorized transfer of collateral, or total failure to repay—occur and generate legal–economic impacts for banks and the financial system. This paper analyzes such breaches from a business law perspective, focusing on bank protection, dispute resolution, and the effectiveness of contractual clauses in ensuring legal certainty. Using a normative juridical approach based on legislation, doctrine, and court decisions, the study finds that although credit agreements are governed by the Civil Code and banking regulations, implementation faces challenges: low debtor compliance, weak internal bank supervision, and limited effectiveness of collateral execution. Strengthening credit clauses, enhancing institutional risk management, and optimizing legal protection are recommended.
- Copyright
- © 2025 The Author(s)
- Open Access
- Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.
Cite this article
TY - CONF AU - Edi Candra Daula AU - Elvira Fitriyani Pakpahan AU - Rodiatun Adawiyah AU - Willy Tanjaya PY - 2026 DA - 2026/01/03 TI - Legal Analysis of Credit Agreement Breaches by Debtors in Banking Financial Transactions from a Business Law Perspective BT - Proceedings of the 1st International Forum on Psychology, Law, and Education (IFPLE 2025) PB - Atlantis Press SP - 224 EP - 227 SN - 2352-5398 UR - https://doi.org/10.2991/978-2-38476-531-7_24 DO - 10.2991/978-2-38476-531-7_24 ID - Daula2026 ER -