Supreme People's Court, Interpretation on Several Issues Concerning Application of the Law in the Trial of Civil Prepaid Consumption Dispute Cases (Draft for Comments)

最高人民法院关于审理预付式消费民事纠纷案件适用法律若干问题的解释 (征求意见稿)

June 21, 2024 | BY

Susan Mok

SPC Interpretation protects prepaid consumption against improper standard clauses

Issued: June 6, 2024

Main contents:  Where the bearer of a bearer prepaid card institutes a legal action requesting that the business operator bear civil liability, the people's court shall accept the case in accordance with the law. Where the registered prepaid cardholder and the party indicated on the prepaid card or prepaid consumption contract are inconsistent, but he or she provides evidence showing that he or she is a lawful cardholder and institutes a legal action requesting that the business operator bear civil liability, the people's court shall accept the case in accordance with the law.

Where other evidence shows that a prepaid consumption contract relationship exists between a consumer and a business operator and the consumer institutes a legal action requesting that the business operator bear civil liability, the people's court shall accept the case in accordance with the law (Article 2).

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