The Liabiliry For Breach Of Contract Of The Bank In The Debit Card Fraudulent Disputes

In the debit card fraudulent disputes,the cardholder can sue the bank for the violation of the principal payment obligation,the risk prompt notification obligation and the safety and security obligation stipulated in the debit card contract.And the cardholder can also initiate infringement lawsuit for the violation of the statutory safety and security obligations of the bank.From the cardholder's point of view,compared with the infringement lawsuit,filing a breach of contract is more conducive to protecting its legitimate rights and interests.If the cardholder initiates a lawsuit for breach of contract,the bank may defend its liability for breach of contract with his good faith to pay the defrauder who has the appearance of the cardholder's rights without negligence,or defend against the liability for breach of contract with the term of the “the legal effect of the transaction of the defrauder with correct passwords should be attributed to the cardholder himself”.The bank shall be liable for breach the debit card contract if the payment does not meet the conditions of quasi-possessor theory of creditor's rights and the clause of the “the legal effect of the transaction of the defrauder with correct passwords should be attributed to the cardholder himself”.If the cardholder is at fault for the occurrence and expansion of the fraudulent loss,the amount of compensates to the cardholder that the bank should bear may be eliminated or reduced due to contributory negligence and derogation rules.