违约金条款会影响战略性抵押贷款违约的道德性吗?对分离论点的检验

Do Liquidated Damages Clauses Affect Strategic Mortgage Default Morality? A Test of the Disjunctive Thesis

Real Estate Economics · 2016
被引 2
人大 A-ABS 3

中文导读

检验了违约金条款是否改变人们对抵押贷款违约的道德看法,发现战略性违约的不道德感会压倒条款效应,且人们有意识与无意识的道德立场存在差异。

Abstract

We test the disjunctive thesis as it relates to mortgage contracts and find that a liquidated damages clause shifts ones view of a mortgage from a promise to perform to either a promise to perform or pay compensatory damages. However, when a strategic mortgage default is responsible for the breach, the perceived immorality of this action overwhelms the liquidated damages clause effect in support of the disjunctive thesis. We also find that people's conscious “experimentally stated preference” moral stance on installment loan (mortgages, auto loans, credit card debt and even cell phone contracts) default significantly differs from their subconscious “experimentally revealed preference” moral stance indicating a difference between what people say they believe and what they actually believe.

违约金条款战略抵押贷款违约道德判断分离论题