Research On Credit Card Transaction Of Civil Law

Because of its character of "enjoying first, paying second", credit card has become an indispensable payment in modern society. Meanwhile, it promotes consumption in some extent, and is helpful for economic prosperity. However, when we enjoy the conveniency of credit card, the increasing problems also come to us. The number of disputes relating to credit card increases rapidly, and the types are more complicated, specially in recent years, the legal issues of credit card in theorists and practitioners have become the focus. Among them, the disputes of credit card on civil law, and the right protection of the consumer who is the cardholder in credit card transactions, has become the core of civil disputes to resolve credit card issues.The first part of this thesis is the overview of credit card. The conception of credit card in our country is that, credit card is a kind of media that can record the relative information of cardholder's account, it is provided with line of credit from bank and overdraft function, and can provide banking services for cardholders. Credit card has three functions, which are overdraft, transfer and settlement, and access to cash. Credit card start late in our country, but it develops rapidly. There are 210 million credit cards in our country until 2010. However, with the rapid development of credit cards, this new payment arises more and more problems.The second part is the legal relation of the credit card transaction. This is the fundation of formulating the problems and prospecting the views here. To clear the civil disputes of credit card, we must first clarify the civil legal relations between the Parties in credit card transaction. And scholars still have different views on who are the Parties in credit card transaction and what are their nature of legal relations. Some scholars claim that there should be three parties in credit card transaction, they are credit card issuers, cardholders and merchants. But with the credit card industry development and information technology updates, some scholars claim that there should be four parties, and the acquirer should be the fourth independent civil subject. But the later view just to see the increasingly complex services between merchants and acquirers. In fact, these changes did not affect the process of credit card transaction in essence. So this thesis still studies three partise as template, and analyses the legal relations between the parties of credit card transaction. The purpose is to clarify the nature of the civil legal relations between parties.The third part is the term of cut off the right of defense in credit card contract. In many Receive Credit Card Agreements and Credit Card Articles drawed up by our commercial banks, the terms to limit the right of cardholder defense are always written. But whether such terms are valid? And how is the effectiveness? They are hot issues in academic all the time. Some scholars who with negative views put forward another theory of defense continuation, but they do not reach a consensus yet. So this thesis forgets the discussions about legal theory, and to solve real problems, from a practical point of view, use the legislation of other countries for reference, then make some recommendations to improve our relative law.The fourth part is the disclosure obligation of card issuers. Such obligation should be the important part in the contract to protect cardholders, but it is ignored in our law. On this issue, the U.S. law is more comprehensive. After many years of practice, the U.S. law makes specific provisions about what information the issuer shall disclose, and how to disclose. Therefore, it references the United States law, and compares our regulations of credit cards, then make some recommendations for the omissions to improve our relative law.The fifth part discusses the disputes of the common type of credit card, which are the problems of how to share the risk of fraudulent use of credit cards. On this issue, the German practitioners tend to allocate the risk to the card issuers who can be more able to control the loss. In Taiwan, the risk also be allocated to card issuers both in theory and in practice. Because whether the economic strength of taking a risk or the ability of transferring the risk, the card issuers have more advantage. But we do not reach a consensus in practice, different courts has different views. Based on referencing the practices of Germany and Taiwan, summarize the solutions of fraudulent use of credit card. And it argues that the risk should be allocated to card issuers, unless the cardholder have intent or gross negligence.Finally, as a conclusion, it summarizes the contents of the thesis, and reiterated the views. Looking forward to improving our credit card system as soon as possible.