A Theory On The Pass Of Right Of Defense In Credit Card Contract

At the start of the credit card system, the state or a strong commercial subject used customs or format clauses to deprive the rights of consumers, making consumers unable to exercise the right of defense which allowed consumers to refuse to pay due credit card debt. Consumers therefore are in the excessive risk. With the rise of the movement for protection of consumer, some countries have set up various laws to guarantee consumer’s right of defense, which was called by some German scholars as ‘Einwendungsdurchgriff’ in German language. This kind law makes consumers able to exercise their right of defense in a third party’s legal relationship, that the cardholder will be able to exercise the right of defense against card issuers. Credit card is involved in complex and mixed legal relationships. The legal relationships between are both independent and mutual of each other. The theoretical basic for this kind of right is the character of the mutual part. The article 54 of ‘The regulation of Bank Card’ cut off the right to give defense, the author thinks in the way to explain in rank for law can be helpful to exclude the status.