A Study on Regulation of Gift Certificate

• Main Authors: TSAI,PING-CHUN, 蔡秉均
• Other Authors: Wang, Wei-lin
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/q6p8xn

碩士 === 東吳大學 === 法律學系 === 105 === The circulation of gift certificates is beneficial to both companies and consumers. As far as the company is concerned, gift certificates offer several advantages, including advancing payment of funds and stimulating consumption. Therefore, various companies issued many kinds of gift certificates. On the other hand, to the consumers, the application of gift certificates brings in benefits of convenience and discount. It provides convenience without carrying cash, banknotes, and change. If the transaction of gift certificates could proceed smoothly, companies and consumers could create a win-win situation. In recent years, due to technological development, various companies issued many kinds of gift certificates, virtual certificates, voucher, and gift cards. The use of gift certificates gets more and more popular, and its importance also increases. However, consumer disputes are still inevitable, which also emerge in practice. Moreover, owing to new technological advances, many new kinds of gift certificates and virtual certificates have been produced continuously. Although the government has been regulated by the competent authorities of various trades in the form of Mandatory Provisions to be Included in and Prohibitory Provisions of Standard Form Contract, including nineteen types by regulating different standards, many disputes still need to be solved. Therefore, recorded and unrecorded gift certificate regulations should be reviewed. Besides, the regulation of prepaid goods mainly adopts two management methods, which divided into multi-purpose payment and single-use payment for management. In practical, whether you pay by multi-purpose payment or single-use payment, both of them have prepaid characteristics. The boundaries among the virtual certificates, third party coupons and electronic tickets issued gets more blurry. Therefore, this thesis studied the present situation of the gift certificates regulations of our country, which researched gift certificate standard form contract clauses and disputes, gift certificates, virtual certificates, review and comparison of the regulation in our country. This thesis also made legislative suggestions for gift certificate regulations of our country.