| 英文摘要 |
Since the allocation of responsibility for unauthorized transactions directly affects consumers’ wealth and their payment choices, how to adequately regulate the unauthorized transaction risk is no doubt one of the most important issues in payment law. This paper begins by introducing the principles of loss spreading, loss reduction, and loss imposition. It further identifies factors in payment systems for preventing, bearing, or transferring losses and evaluates the mutual importance of these factors. Based on the principle of superior risk bearer, this paper proposes responsibility attribution provisions and affirms the effectiveness of a consumer capped liability mechanism as a normative model.
This paper then focuses on unauthorized credit card transactions as an example and begins with the capped liability for card-present transaction fraud. It addresses various types of unauthorized transactions, including card-present transaction fraud, card-not-present fraud, fraud and impersonation, and unauthorized transactions through mobile device binding. By considering the standardized contract templates in Taiwan and adopting the principle of superior risk bearer, this paper analyzes and proposes recommendations regarding the allocation of losses arising from credit card transaction risks between financial institutions and consumers. |
