银行对票据不当付款的责任承担

银行在发生不当付款情况时承担的责任主要分为合同责任和侵权责任,这种责任的区分在司法实践中具有意义重大,不但涉及到案件的案由确定,而且还涉及适用法律、赔偿范围和举证责任等许多问题。对此类案件不能笼统分析,要区分是单独行为还是共同行为。前者,银行与债务人之间就形成不了真正的连带责任;后者,银行应该在侵害债权范围之内,与债务人承担连带责任。这样才能彰显法律的严谨性。

The Liability of Banks for Improper Payment

Contractual liability and tortious liability are two liabilities banks should take when improper payment occurs. Identification of the two liabilities is significant to juridical practice as it involves the confirmation of cause of action, applicable law, the compensation limit and burden of proof as well. In this connection, comprehensive analysis would not work out; it is necessary to distinguish if it is an individ- ual or joint conduct. In the former case, banks have no actual joint liability with debtors. In the latter case, banks should take joint liability with debtors within the scope of infringement of creditor＇s rights. That is how the preciseness of law could be highlighted.