Reseach on Disputes of Installment by Third Party to Finance─Focus on Extend The Right of Defense

• Main Authors: Ya-Ning Kuo, 郭雅寧
• Other Authors: Nai-Yu Chen
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/y4ym43

碩士 === 中原大學 === 財經法律研究所 === 103 === Abstract Nowadays, owing to the business and the service industry growing, and the change of trading type, consumer can not only buy goods or service by cash, they can also use plastic money or installment paying way to purchase products. And now a day, people are more and more depending on this type of trading way. However, installment trading also created a lot of consumer issues, for example, when a company was bankrupt, consumer won’t be able to protect their right anymore. To start with, the amount of consumer use installment buying is increasing recently. People use this shopping method to buy various products, ex. gym’s membership, course on beauty center, cram school courses, and order newspaper or magazine. Install payment shopping method allows consumer would not need to pay the money immediately. But, not all of business operators have sufficient finance to afford this shopping method. Therefore, lot of business operators cooperate with financial enterprise to loan money to consumer, and consumer could buy the products or service by installment payment. In this way, consumer, business operators and financial enterprise could get benefit from this kind of buying method. Nevertheless, when some business operator is no longer giving service or products to consumer, it would cause an awkward situation between consumers and financial enterprises, because the consumer still has a loan agreement with the financial enterprise. Consumers still need to refund the money to financial enterprise without get anymore service or products from the business operator; Moreover, if a consumer canceled a contract without legal reasons, it usually accompanied with punitive damages. In short, when a consumer canceled the contract, he/she would not only need to pay the purchase price, also need to pay the punitive damages to the business. Consumer could only allege that the action of business operators was unjust enrichment. In contrast, this kind of issues also happened in other countries, ex. Germany and Japan, but they set up exceptions to protect consumer rights away from the problem of installment buying way. But Taiwan still has not regulated a consistent concept to deal with this kind of consumer disputes since 2005. Meanwhile, some Taiwanese judgment stand that consumer had responsibility to pay the purchase to financial enterprise even the contract between the consumer and the business operator was cancelled. In order to push Taiwanese establish a strict consumer protect law to let consumer away from this unreasonable paying method. Finally, this thesis introduced the legislation in Germany and Japan, and analyzed the meaning of extended defense right. Hope we can regulate this kind of dispute by legislation, not administrative department.