客户转账时填错卡号的法律责任分析

Analysis of Legal Liability When a Customer Requesting a Transfer Gives a Wrong Card Number

本文从案例分析入手,剖析了填错卡号错汇款项纠纷案件的法律风险及各方当事人应承担的法律责任,认为不当得利第三人对汇错款项既无财产所有权又无存款债权,无权要求汇入行偿还不当得利,汇入行根据汇款人申请办理退汇手续,完全符合法律规定,法院对本汇兑纠纷案件的审理出现认定事实和适用法律错误。作者探讨了错误汇款法律救济的有关途径,阐述了此类案件对国家、社会、银行、公民等多元主体的法治启示,特别在当代银行业实现数字化、信息化并与国际接轨的背景下,本案例的探讨对依法维护汇款人、银行、收款人的合法利益具有积极的现实意义。

This paper is based on a case study. Analysis is made of legal risk from a dispute over wrong fund remittance due to incorrect card numbers given by the customer. It is believed that any third party of unfair profit has no claim for the property right or creditor's right as a depositor of the wrongly remitted fund; neither does he have any right to negotiate his unfair profit with the receiving bank. The latter is lawfully justified to effect a refund upon request from the remitter. However, the court erred in fact recognition and the use of applicable law when ruling the case. Thus, ways of refund remedy are explored from legal point of view and the importance of rule by law is driven home to such diverse subjects as the state, society, banks and citizens. This is especially important when modern banks are being digitalized, informationalized and internationalized. The discussion is of practical significance in safeguarding the legal right of the remitter, the bank and the receiver.