February 22, 213 at 1:4 Source: Internet?

Introduction to the case

Complainant: Zhang

Respondent: Bank A

Zhang is a senior manager of a well-known company. On April 28th, 212, Zhang took the credit card marketing leaflet sent by Bank A and applied for a credit card at a bank outlet. On the same day, he filled out and submitted the application form, and the outlet acceptance staff copied his ID card for retention. On May 15th, 212, when examining and approving the ID card, the examining and approving personnel of Bank A found that the expiry date of the ID card was May 12th, 212, and the validity period had exceeded. The examination and approval failed on the grounds that the ID card was invalid, so they returned the application materials to the accepting personnel and asked them to contact Zhang and provide the ID card within the validity period. A bank outlet receptionist called Zhang and told him that the ID card provided at the beginning had expired, and he needed to go to the outlet with a new ID card to go through the relevant formalities. Zhang thought that the request of Bank A was unreasonable, and immediately gave up applying for a credit card and complained to the Consumers Association about Bank A..

case analysis

when applying, the ID card is within the validity period, and when approving, the ID card has expired. Can it be approved? In practice, there are two completely different views. The first view is that the identity card has expired, is not a legal and valid identity document, and cannot be approved; The second view is that the identity card is valid at the time of application, and the expiration of the approval stage does not affect the legal effect, so it should be approved. The author supports the second view, and the specific analysis is as follows:

Article 13 of the Contract Law stipulates: "The parties conclude a contract by offer and acceptance." In other words, to conclude a contract, there are two legal acts: one is an offer and the other is a promise. Article 15 stipulates: "An invitation to offer is an expression of intention to expect others to make an offer to themselves." In other words, the offer behavior is generally based on the invitation of others and will not be aimless. Therefore, the conclusion process of a contract is generally composed of three legal acts: invitation to offer, offer and acceptance.

Article 15 of the Contract Law stipulates: "The sent price list, auction announcement, tender announcement, prospectus, commercial advertisement, etc. are invitations to offer." The credit card marketing leaflet sent by Bank A to Zhang belongs to a commercial advertisement, which invites Zhang to apply for a credit card from Bank A as an invitation to offer, and Bank A is the inviter and Zhang is the invitee.

article 14 of the contract law stipulates: "an offer is an expression of intention to conclude a contract with others, which shall meet the following requirements: (1) the content shall be specifically determined; (2) The offeror is bound by the expression of will by indicating that he has accepted the offer. " Zhang applied for a credit card with a credit card marketing leaflet sent by Bank A, which was made according to the invitation of Bank A's offer. He hoped to conclude a credit card contract with Bank A. For the offer, Zhang was the offeror and Bank A was the offeree. According to the relevant laws and regulatory requirements, Bank A must meet the requirements of "three relatives" when accepting credit card applications, that is, personally seeing the applicant, personally seeing the applicant's ID card and personally seeing the applicant's signature. The acceptance personnel of Bank A must check whether the applicant is consistent with the ID card, whether the ID card is legal and valid, and witness the applicant's autograph. That is to say, the object of acceptance is the applicant's subject qualification, which mainly examines whether the identity card is himself, forged, within the validity period, or at least 18 years old, with the aim of confirming the legality of the applicant's subject qualification. When bank A accepts the application, Zhang's ID card is within the validity period, and the ID card is legal and valid. Therefore, the offer made by Zhang meets the requirements of bank A, and Zhang is a qualified application subject. Article 16 of the Contract Law stipulates: "An offer takes effect when it reaches the offeree." Zhang filled in and submitted the application form on April 28th, 212. Bank A accepted Zhang's application on the same day, and Zhang's offer to Bank A became effective on the same day, which was legally binding on Zhang and Bank A..

Article 21 of the Contract Law stipulates: "Acceptance is the expression of the intention of the offeree to agree to the offer." After accepting Zhang's application, a bank outlet needs to submit it to its back-office business personnel for approval, which means that it agrees with Zhang's application as a promise; Failure to pass the examination and approval is a rejection of the offer. The object of examination and approval is the acceptance behavior of the acceptor and the credit status of the applicant. Examination and approval refers to the review of the legality of the offer and the credit status of the applicant, and accordingly decides whether to approve or not. The review of the legality of an offer is to confirm whether there are defects in the offer itself, and whether the acceptance personnel have fulfilled the audit obligation according to the regulations when accepting the offer. The review cannot change the legal effect of the offer. As has been analyzed above, the ID card is one of the constituent elements of the offer, and the offer is legal and valid. The effective date is April 28, 212, and Zhang is a qualified applicant. Therefore, the expiration of the ID card during the examination and approval period cannot change the legal effect of the offer, so Bank A cannot refuse to pass the examination and approval.

to sum up, Bank A sent Zhang a credit card marketing leaflet as an invitation to offer, Zhang applied to Bank A for a credit card as an offer, and Bank A approved Zhang's application as a promise. The ID card is valid at the time of application, and the offer made by Zhang is legal and valid; The expiration of the ID card in the approval stage cannot change the legal effect of the offer, and Zhang's application can be approved.

Case Enlightenment

We should master the basic methods of analyzing legal issues. The research object of law is behavior, and the grasp of the facts of the case is the grasp of behavior. The facts of a case generally involve multiple acts, which are both related and relatively independent. To analyze the facts of a case, we must first distinguish between behaviors, then analyze each behavior, and then analyze the relationship between behaviors. Implementing a behavior, having an object and an expected purpose will form a realistic effect, regardless of whether the effect will deviate from the expectation. If we don't make a distinction between behaviors, but generalize them and treat them as a whole, we will come to a wrong conclusion. The first view mentioned above is the logical result of this thinking.

pay attention to the customer's service experience. A considerable number of banking personnel are not sure whether the expiration of the ID card during the examination and approval period will have an impact, but they all require the applicant to provide a new ID card for replacement. Although this treatment can ensure that the application materials are risk-free, it may add unnecessary troubles to customers, resulting in a bad service experience for customers, which will lead to the same adverse consequences as the above cases, not only losing a high-quality customer, but also attracting complaints from customers. Therefore, on the basis of accurately grasping legal issues, we should simplify some unnecessary procedures as much as possible to give customers a good service experience.