濾鏡下之BNPL──三方關係之爭議與風險

BNPL Under Filter-Dispute and Risk of Tripartite Relationships

BNPL，即「先買後付」(Buy Now Pay Later)，為網路購物之新興模式，對於預算或購買能力有限之消費者，使用BNPL支付方式購物，可用分期付款之方式，購買原本無力負擔之商品或服務，並且無須支付利息，無疑是滿足購物慾望，或因應生活所需之最佳消費模式。
2019年10月間，全球爆發嚴重特殊傳染性肺炎(COVID-19)疫情，人們因封控之禁令而居家，從而使網路購物之需求大增，BNPL於是受到廣泛使用，導致低收入、年輕世代及少數族裔等族群背負無力清償之貸款，繼而引發各國監管機關之重視，紛紛聚焦此等交易模式，試圖正本清源，解決BNPL消費模式所引發之爭議與風險。
在國內，2018年已有業者引進BNPL支付模式，提供消費者在購物時，得享受無息之消費性貸款。然在我國目前仍無法制及監管之情形下，BNPL支付方式存在許多法律爭議，而此等未決之爭議，對消費者造成風險。本文嘗試以濾鏡察看BNPL之本質、法律性質、法律關係，及法律爭議，並解析相關風險後，提出具體之建議，期能為我國建構BNPL法制，提供參考。

BNPL refers to“Buy Now Pay Later”and is a new business model for online shopping. For consumers with limited budgets or purchasing power, the use of the BNPL payment method for purchases allows consumers to make payments in installments, such that consumers are able to purchase goods or services originally unaffordable to them without paying any interest. With such benefits, it is no doubt that BNPL is the best consumption model capable of satisfying consumers’purchasing desires or meeting living needs.
In October 2019, the pandemic outbreak of Severe Pneumonia with Novel Pathogens (COVID-19) occurred globally. People started to work from home or were forced to stay home due to restrictive orders for lockdown imposed by national governments worldwide; however, such pandemic control measures also promoted a significant increase in demand for online shopping, and BNPL was widely used. As a result, low-income groups, young generation and ethnic minorities have been found to bear debts that they are unable to repay, and supervisory authorities of various countries are now focusing on such transaction model and attempting to understand the root cause of such issue, thereby resolving the dispute and overcoming the risk arising from the BNPL consumption model.
In Taiwan, since 2018, some business operators have introduced such payment system to consumers, allowing them to make payment in installments without paying any interest for their consumer loans during the purchase of goods and services. Nevertheless, a further review of the contract terms and conditions related to BNPL indicates that there are still several legal disputes, and these pending disputes yet to be resolved may cause risks to consumers, especially the group of young generation. In this paper, the nature, legal attribute, legal relationship and legal dispute of BNPL are filtered for discussion and relevant risks are analyzed, in order to provide reference information for future law amendment or registration.