論支付服務程序瑕疵對金錢之債清償效力的影響──以匯款業務為例

Legal Issues of Monetary Debt and Payment Services in Reference to Credit Transfer

金融科技的發展不僅創造出如電子票證、電子支付等新興支付工具，甚至在法定貨幣之外發展出比特幣等虛擬貨幣的另類支付手段，對傳統金融業務造成強烈的衝擊，其引發的法律爭端也勢將與日俱增，相關法律問題的解決，有賴於建立完整的支付交易法制，而有關金錢之債法律問題的探討，更是不可或缺的重要基礎，包括：金錢與貨幣法律概念的釐清、金錢之債的法律性質及其效力，諸如清償效力的產生、給付不能與給付遲延等問題，與一般債權債務關係是否有所不同，似有討論的必要。特別是以傳統金融體系提供的無現金支付服務清償金錢債務時，尚有債權人與債務人之外的其他金融機構參與其中，資金移轉所涉及到的法律關係更加複雜，若款項未於清償期限內，甚至根本未入帳於債權人銀行帳戶，債務人是否應承擔相關法律責任，即應依各該金融機構在支付作業流程中的地位與任務，及其與其他參與者間的法律關係詳細加以分析。

"The development of financial technology (FinTech) has not only resulted in the creation of emergent payment instruments, such as “electronic vouchers” and “electronic payments,” but has also resulted in the development of virtual currencies, such as Bitcoin, as alternative means of payment, which has strongly affected the conventional banking industry and become deeply integrated into the public’s daily economic lives. As a result, legal disputes related to electronic payments and virtual currencies will inevitably increase. To resolve such disputes, establishing a complete legal framework for payment transactions is necessary. Thus it is essential to do research into related issues about monetary debt, including the delineation of the legal concept of money and currency, the legal nature of monetary debt and the effectiveness of monetary policy in the case of settlement, and defaults and delays and comparing such legal issues surrounding the general debt relationship. In particular, payments are now frequently made through cashless payment services provided by conventional payment systems. Many financial institutes become involved in such transactions, thereby complicating the legal relationships among those involved in the money transmission. The responsibility of the debtor is in dispute when the money transmission is not precisely executed and the amount is consequently not credited to the creditor’s bank account. Such legal issues should be analyzed in detail according to the status and role of each financial institution in the payment operation process and its legal relationship with the other participants. In Taiwan, many issues with respect to the definition of some legal terms in payment services remain vague. The counterparts in German law are more rigorous and cautious. We found they are worth learning to improve the legal institutions of payment services in Taiwan."