Research for Problems of The Applicability of Terms in Credit Card Form Contract

• Main Authors: Ching-Hsuh Chuan, 莊錦雪
• Other Authors: Chih-Ming Jau
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/72529941218884400921

碩士 === 國立高雄大學 === 法律學系碩士班 === 96 === People’s life is associated with laws and statutes, the most common of which are the contracts. Contracts are often the origins of right and duty, and they play an important role on the relations between people’s life and laws. There are many types of transaction contracts in modern society, and the form contracts are the most important, the most common, and also the most influential of all. Since the Ministry of Finance has stipulated the 「Administrative Regulation of Credit Card Affairs」in 1993, the domestic business of credit card is advanced from day to day, and then the transacting business with credit cards becomes popular. For the convenience of publishing credit cards and for the purpose of offering transaction in quantities, the traditional type of individual contraction is not sufficient, so another type of form contraction is produced. Because there are unequal conditions between both contracting parties, the benefits of consumers will be sacrificed. According to the influence on the important regulation of contract laws such as contract freedom and contract justice, the traditional contract principles can’t be used to help consumers’ benefits be protected. Now we restrict the contents of some unreasonable form contract terms by legislation, and make the benefits of both contracting parties reconcilable. However, there are still many problems for the form contracts of credit card to be discussed. Although there are already some restrictions on the form contracts by legislation in our country, there are still many problems of law worth to be researched, such as the form contracts, the definition and relations between form contract terms and individual consultation terms, etc. The main idea of this paper is to discuss the relations between consumer protection law and the form contract terms, and then to use the concrete examples for references. We also make some proposals for this research. There are seven chapters in the paper and the summary is as follows: Chapter One Introduction . The main idea of the chapter is to introduce the origin of this research. There are three sections in this chapter. Section one contains the motive, the purpose, and the background of this research. Section two introduces the range and the method of this research. Section three contains the framework of this research. Chapter two The Basic Concept of the Form Contract Terms There are four sections in this chapter, and the contents are as follows: Section One: We introduce the meanings of form contracts and form contract terms, and then discuss the relations between form contracts and individual consultation terms. Section Two: Introducing the origins and the defects of form contract terms . Section Three: Introducing the premise of the contents which becomes the form contract terms. Section Four: Explaining the principle of the form contract terms. Chapter Three Related Problems of Credit Cards There are four sections in this chapter: Section One: We discuss the origins and the types of credit cards, and take the development of foreign credit cards for example. Section Two: We introduce the definition of credit cards, and take America, Japan, and our country for example. Section Three: Introducing the types of credit cards. Section Four: Introducing the transaction process of credit cards. Chapter Four Relation of Laws on Credit Cards There are three sections in this chapter: Section One: Discussing the contract type between transacting parties of credit cards. Section Two: Introducing the relations of right and duty between transacting parties. Section Three: Discussing the form contracts of credit cards. Chapter Five Common Subjects of Law for Discussion of Credit Cards There are three sections in this chapter: Section One: The argument for the credit card owners who didn’t use cards in the right way. Section Two: The Argument for the Embezzlement of False Credit Cards. Section Three: The Problems Derived from New Type Credit Cards One of the examples is using credit card without signature. Chapter Six Examples of Credit Card Contracts Compared with Contents of Commercial World’s Contracts In this chapter, we take domestic banks such as First Bank, Hwatai Bank, Sunny Bank, and Taipei Fubon Bank for example. Section One: Summary Section Two: The General Terms Section Three: Other Terms Section Four: We compare the credit card contract regulations of each banks with the contents of credit card form contracts. Chapter Seven Conclusion The main idea of this chapter is to make a brief discussion for important contents of aforementioned six chapters, and make a proposal for present system. This chapter contains two sections. Section One: Research and Discovery Section Two: Items Proposed