Responsibility for card abuse in card payment systems

The responsibility of misuse of the bank cards is analysed in this study in the scope of civil law. Because of the topic of card payment system is a technical issue, first of all, general information about card payment system is dealt with. After that, it is looked into the question about how the risk of misuse of bank cards will be shared between the aspects of the trade with especially bilateral relations between the payment card acquirer and the card holder and also between the payment card acquirer and the contracted merchant. To hold the payment card acquirer accountable for misuse of the card on the dealings between inters praesentes, is the essential principle. This essential principle also accepted in this study; even, despite the idea of the legislative authorities, it is emphasized that payment card acquirer should be hold accountable for misuse of the card on the distant sales. Along with the rule that the payment card acquirer is responsible for the loss, the card holder or contracted merchant will be hold accountable for the loss if also they have a fault on misuse. The questions that in which cases the card holder or contracted merchant will be hold accountable for the loss and to the extent to which they will indemnify are researched in the light of the positive law and the samples of practice. At the analyses within the frame of bilateral relations, two issues are criticized. First of all, the law no 5464 Bank Cards and Credit Cards Law, Article 12 looks for the condition of 24 hours for the limited responsibility of the card holder. Second of all, the law no 5464 Bank Cards and Credit Cards Law, Article 15/III exculpates the card holder from the risk on distant sales.