Καταναλωτές -- Προστασία -- Δίκαιο και νομοθεσία -- Ελλάδα Καταναλωτές -- Προστασία -- Δίκαιο και νομοθεσία -- Ευρωπαϊκή Ένωση, Χώρες της Consumer protection -- Law and legislation -- Greece Consumer protection -- Law and legislation -- European Union countries
Πάντειο Πανεπιστήμιο Κοινωνικών και Πολιτικών Επιστημών
Credit card is a special structure of the banking practice. It is the main representative of the so-called plastic money and it constitutes the most popular payment instrument in electronic transactions and a credit instrument at the same time, which means that the credit cardholder fails to pay immediately the equivalent of his transactions but at a later time.With the credit card contract it is created a trilateral relationship between the card issuer (the bank), the holder and the contracted company. The card issuer has contracted with selling goods companies or services providers, under which the latter have undertaken the obligation to accept issuer’s credit cards as a payment instrument, without the immediate payment in cash. On his part, the issuer is bound to pay to the contracted business the price of the transactions on behalf of the cardholder and he (the holder) must pay at a later time, usually in instalments the amounts paid by the bank on his behalf.Credit card was launched as a payment system based on conventional and on written form transactions. However, the big advantage is that it allows a distance payment by electronic means, which resulted in a large spread within the internet’s modern environment and electronic commerce. Transactions via Internet, where a credit card is used, have certain characteristics. Various questions are raised, such as the contractual process by electronic means, the right of withdrawal, the payment through internet, the security of payment, the protection and liability of contracted parties in case of fraudulent use of credit cards.The credit cardholder, as a consumer, and in particular within the specific frame of e-commerce, is put in the centre of interest. Taken into account the lack of information and the inequality of bargaining power towards both the bank and the merchant, the Community legislature and consequently the national legislator gave great importance to consumer's information at all stages of the contract and to his protection from unfair contract terms, which are predominantly used in e-banking and e-commercial contracts.Questions over the protection of the credit cardholder are also extended in the area of personal data protection. Banks are responsible for the processing, collection and disposal of financial information for the (potential) customers and this is acceptable because it contributes to the protection of the commercial credit and the3consolidation of financial transactions, for the benefit of clients and of the banking system. On the other hand, it conflicts with the protection of privacy and the protection of personal data of individuals. That is why the processing of personal data is legitimate only if law conditions are met, normally after the consent of the person and exceptionally, in statutory cases, without it.Finally, e-banking and e-commerce transactions with the use of a credit card are often carried out across borders, among contracted parties of different nationalities. In this case it is necessary to find the applicable law and the international jurisdiction of the courts that will be required to resolve any contractual or tort conflicts.
Διπλωματική εργασία - Πάντειο Πανεπιστήμιο. Γενικό Τμήμα Δικαίου, ΠΜΣ "Δίκαιο και Ευρωπαϊκή Ενοποίηση", Κατεύθυνση Ιδιωτικό Δίκαιο, 2008