Study On Bank’s Liability Of Unauthorized Use Of The Debit Card

Debit card deposits impersonator disputes appeared in large numbers in recent years, while the outcome of the court preached no small difference. The complexity associated with such disputes are inseparable, but also reflects the view of judges on issues related to inconsistencies. The focus is concentrated in the relationship between the criminal and civil, the legal relationship between the bank and the cardholder, and the burden of proof allocation of both sides. After careful analysis, this paper believes that the debit card deposits impersonator disputes do not involve relationship between the criminal and civil, the essence of the problem lies in the allocation of the burden of proof. To assert their rights, cardholders should be by means of contract claims, infringement complaint does not meet their interests. Among contract claims, as account deposits funds attributable to the bank and the other’s unauthorized use of the card can not eliminate debtor-creditor relationship between the cardholder and the bank, the cardholder’s deposit has not been violated, holding bank violates the accompanying obligations to request compensation for damages can not be established on the grounds. For cardholders, request the bank to honor payment of deposit obligations is consistent with the relief of the legal logic. On the allocation of the burden of proof in proceedings between the cardholder and the bank, based on the bank control of all transaction data and information, whose burden of proof is stronger than the cardholder, so the main burden of proof should be borne by the bank, the cardholder only need to prove that he has been holding the debit card. Such a treatment, not only conducive to the protection of the vulnerable party, but also urging banks to strengthen management, improve technology in order to prevent such incidents.