Credit Card Contract Law Studies

Early in1985, the Bank of China Zhuhai Branch issued the credit card. This credit card is the first bank card in China. With the development of decades, technology and legal protections of credit card business are greatly improved in China, but compared with the developed countries, there is still something to be improved. This thesis concentrates on the Credit card in narrow sense of the word of bank card, analyzes of credit card contracts formulated by the major banks, such as China Merchants Bank, Construction Bank, Agricultural Bank of China, ICBC, Bank of China, CITIC Bank in a comparative way, summarizes the rights and obligations of the parties to the contract, discovers some problems of the credit card contracts in China, especially on the issues of obviously insufficient to protecting the legitimate rights and interests of cardholders. This thesis presents a number of recommendations to guide the credit card contracts.This thesis adopts comparative methods, literature analysis, empirical analysis and other researching methods, analyzes of credit card, credit card contract and its perfecting countermeasures. In addition to its introduction and conclusion, this thesis is divided into five chapters.The first chapter is mainly about the basic theory of credit cards, containing four sections, This chapter defines the credit card researched in this thesis belongs to the credit card of the bank card of China by contrasting the definition of foreign and domestic credit card. the credit card in this thesis refers to the bank card which is public issued by certain institution to society, including individuals and units, giving the cardholder a certain line of credit, which with it the cardholder could consume before repayment within the limit of the line of credit. Take the credit card of the Construction Bank as an example, this chapter introduces some knowledge of card face of credit card, which is defective in the former researches. Summing up the credit card has the functions of payment and settling accounts, cycling credit extension, remittance and transferring, deposit and draws cash and classifies it. At the same time, on the issues of researching on credit card legal system through the observation of comparative law, based on the former researches, this chapter increases some latest legislation, such as "Financial Consumer Protection Act" in Taiwan to perfect the credit card legal system.The second chapter is mainly about the basic theory of credit card contract. Credit card contract in this chapter will be defined as the contract t signed by clients and the issuing banks that the issuing banks issue credit cards to customers who meet the qualifications according to their applications and provide credit card services to them and the clients who have credit cards should pay the annual fee and fulfill the repayment obligations to the issuing banks. This chapter analyzes the characteristics, the parties and the legal nature of the credit card contract. This chapter takes the credit card function and the contents of credit card contracts formulated by major banks as the starting point to analyze the legal relationship between the cardholder and card issuer by using the methods of empirical analysis, which is also the innovation this thesis.Chapter three is mainly about the content of credit card contract. This section analyze the general contents of credit card contract as well as the contents of the credit card contracts formulated by major banks, mainly discuss the provisions on the rights and obligations of card issuers and cardholders. Based on protection of the interests of the cardholder, this section mainly analyzes the cardholder’s rights and obligations.Chapter four is mainly about the situation analysis of credit card contract and the perfecting countermeasures. This section focused on the status of credit card contract, and find out some problems, and give some comments and a number of possible recommendations. At the end of this thesis, this section researches on some of the advanced foreign practices and puts forward some of the perfection countermeasures of credit card contract based on the former analysis according to the reality.