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Research on Credit Card Transaction of Civil Law

Author: ZhangTianZuo
Tutor: SunXueZhi
School: Jilin University
Course: Civil and Commercial Law
Keywords: Credit card Legal relationship Information disclosure obligations Fraudulent use of credit cards Right of defense
CLC: F832.2
Type: Master's thesis
Year: 2011
Downloads: 150
Quote: 0
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Abstract

Credit card with its \But the people at the same time enjoy the convenient credit card also facing more and more problems, especially in recent years, the sharp increase in the number of credit card disputes, complex type, the relevant legal issues become the focus of attention of theorists and practitioners. Credit card disputes, civil, and consumers in credit card transactions, which is the protection of the rights of the cardholder solve the core issues of the credit card civil disputes. The first part is an overview of the credit card. Of the credit card concept is defined as: record cardholder account information with the bank line of credit and overdraft feature, and all kinds of media related banking services for cardholders. Credit card overdrafts, transfer and settlement, access to cash three functions. Credit card in China started late, but rapid development, by 2010, the total amount of credit card issuer in China has reached 210 million. However, with the rapid development of the credit card, this new method of payment also appear more and more problems. The second part of credit card transactions legal relationship, that the problem in this article describes the basis of the view. To clear analysis of the Civil Law of the credit card dispute, we must first sort out the credit card transactions of civil legal relations between the main parties on the subject of credit card transactions and legal relationships found, scholars have different views. Traditionally advocated a tripartite legal relationship of the parties, that the parties to the credit card transactions for card issuers, cardholders and merchants; But with the development of the credit card industry and information technology update also advocate Quartet legal relationship of the parties, the view that apart more than three parties other than the acquirer should also be independent civil subject for credit card transactions. But the view is just to see increasingly complex services between merchants and acquirers implicated fact that these changes are not from materially affecting the credit card transaction process, still three parties template, a credit card transaction legal relations in-depth analysis, and to clarify the legal nature of the relationship between the parties. The third part is the right of defense in the credit card contract in terms of cut. A lot of commercial banks in the development of the credit card requisitioned the terms of the Agreement and the Articles of Association of the credit card has a limit of cardholder right of defense, and the effectiveness of this provision, for their effectiveness has always been a hot topic in academia problem. Held a negative view of the right of defense Continuation theory, but has not yet formed the legal discussion of the theory through. Therefore, we put aside the theory discussed from a practical point of view, to solve real problems for the purpose of to draw national legislation, to make recommendations on the improvement of our law. The fourth part of the issuer's disclosure obligations, the obligations of the credit card contract to maintain the rights of the cardholder, but our legal norms have been ignored in this part. On this issue, the U.S. law is more comprehensive and perfect after years of practice, the card issuer shall disclose the information to make specific provisions correspond to the information disclosed to the extent to which also made detailed provisions. Therefore, the American Law as a reference, the comparison of credit card laws and regulations, and for the omission of part of a complete set. The fifth section discusses one of the most common type of credit card dispute, the issue of sharing the risk of fraudulent use of a credit card. In this issue, the German practitioners tend to allocate risk to the more capable the issuer of a loss of control; Taiwan region of China on the theory and practice will be tempted to risk assigned to the card issuer, both from the economic strength of the risk or the ability to transfer risk, the issuing per capita has obvious advantages; practitioners in China have not yet reached a consensus on the issue of fraudulent use of a credit card, different courts have different views. In this paper, learn to practice in Germany and Taiwan, summed up the fraudulent use of credit card solution that cardholder intent or gross negligence case, the risk of fraudulent use of a credit card should be assigned to the card issuer. Last epilogue, that part of the full text contents summarize, reiterated this view and expressed expectations of the credit card system as soon as possible.

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