| Summary: | 碩士 === 東吳大學 === 法律學系 === 106 === With the emerging popularity of the electronic payment instrument comes the endless transaction disputes, while the risk allocation of loss is the most debating one. Risk allocation of loss herein means the rule which deciding who shall bear the unauthorized transaction loss. The unauthorized loss happens when physical payment instrument was lost or stolen, and the data of the virtual payment instrument was hacked. If we only rely on the contract between the providers and consumers to assign the risk of unauthorized transactions, the consumers with no bargaining power will bear more risk than they shall do. Therefore, by comparing foreign legislation and explaining economic theories, this thesis focus on how the risk of unauthorized transaction loss shall be allocated. This thesis also reviews the payment law in Taiwan to see whether it is appropriately established.
Besides, payment instruments have been developing so quickly that the regulatory authority issued many rules and regulations. It is inefficient and complicated to apply so many regulations to solve the problems while the disputes occurs. In fact, enacting an independent and comprehensive payment law is global mainstream now while payment industry is rising up. Consequently, we need to consider the necessary to enact an independent payment law but not administrative regulation to clarify the legal relationship among the parties in the payment system after third-party and mobile payment business was allowed into the market.
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