Legal analysis: 1. Cardholder and special merchant: sales contract relationship 2. Entrustment contract relationship between cardholder and card issuer: between the card issuer and the cardholder, the card issuer’s basic obligations are Handle repayment matters for the cardholder's consumption, and the cardholder's basic obligation is to repay the card issuer for the fees paid by the card issuer on its behalf. This kind of rights and obligations is in line with the legal nature of the entrustment contract, and the two parties should belong to the legal relationship of the entrustment contract. . According to the legal nature of the entrustment civil code, the card issuer must pay the cardholder's consumption according to the cardholder's instructions. In the credit card business, the cardholder's instructions are the cardholder's signature on the signature statement, and the card issuer must review the signature on the signature statement. Whether the signature is the cardholder's signature. For cardholders, as long as the card issuing bank fulfills its inspection obligations and makes payments in accordance with the formal receipt signed by the cardholder, the cardholder has the obligation to repay. 3. In addition, both parties may also be involved in consumer lending contracts.
Legal basis: "The People's Republic of China and the Civil Code"
Article 188 The statute of limitations for petitioning the People's Court for protection of civil rights is three years. If the law provides otherwise, such provisions shall prevail.
The statute of limitations shall be calculated from the date when the obligee knows or should know that the right has been damaged and the obligor. If the law provides otherwise, such provisions shall prevail. However, if it has been more than 20 years since the right was damaged, the people's court will not grant protection. If there are special circumstances, the people's court may decide to extend the time based on the application of the right holder.
Article 189: If the parties agree to perform the same debt in installments, the statute of limitations shall be calculated from the expiration date of the last installment.