Detalhes bibliográficos
| Ano de defesa: |
2024 |
| Autor(a) principal: |
Santos, Thiago do Amaral
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| Orientador(a): |
Sacramone, Marcelo Barbosa
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| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Tese
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| Tipo de acesso: |
Acesso embargado |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
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| Programa de Pós-Graduação: |
Programa de Pós-Graduação em Direito
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| Departamento: |
Faculdade de Direito
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| País: |
Brasil
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| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://repositorio.pucsp.br/jspui/handle/handle/42212
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Resumo: |
The purpose of this thesis is to investigate the civil liability of acquirers for the risk of the activity, due to the application of chargebacks, i.e. whether they are allowed to stop transferring funds to the merchants that have contracted their services, if fraud is found in card transactions. To this end, it looks at card activity, specifically when it is organized as an open payment arrangement that is part of the Brazilian Payment System, in which payment institutions that issue credit cards and acquirer. The research addresses the legal and operational aspects of the activity, according to current legislation and regulations in effect in Brazil, as well as analyzing the contractual instruments used by the agents participating in the activity, with the aim of ascertaining the clauses used to allocate risks and in the chargeback procedure. The study then investigates objective civil liability for the risk of the activity, as provided for in article 927, sole paragraph, of the Brazilian Civil Code, with a special focus on the theory of risk and the main principles and criteria used by the Brazilian doctrine to interpret and apply liability. Through case law research, it identifies the main grounds used in relation to the liability of acquirers. It then discusses the functions of civil liability, with the aim of demonstrating that, by using the procedure resulting from the chargeback, acquirers can fulfill the purposes propagated by the preventive function. This thesis concludes that the chargeback is an efficient procedure for preventing damage that can be caused to users of payment services (cardholders and merchants) as a result of fraud practiced by the users themselves or third parties when carrying out card transactions |
