現今ATM 轉帳越來越普遍，但是忙中有錯，不小心按錯帳號，導致金錢匯錯帳戶的情形也益發常見。多數的狀況，受款人多會樂意匯回，當個過路財神。但是偶爾遇到不願配合的受款人時，相關的糾紛也隨之而起。
遇到類似糾紛，由於匯款與受款雙方之間並沒有任何債權債務關係，受款人帳戶無端多出一筆金錢，為「無法律上原因」而取得之利益，在法律上屬於「不當得利」，因此匯款人得依民法第179 條請求受款人返還。
有時候遇到較頑固的受款人，可能主張匯款人將款項匯入其帳戶，該款項乃是匯款人對之的「贈與」而不願返還。然而，「贈與」乃是契約，契約需經雙方「意思表示一致」方得成立（民法第153 條第1項）。在匯款錯誤的情形，由於匯款之人事前（或事後）並沒有對受款人表達任何「贈與之意思」，則受款之人也無從表達「同意接受贈與」，因此雙方的意思根本無法達成「一致」，因此，受款之人自無法主張帳戶内額外多出的金錢屬於匯款人之「贈與」而拒絕返還。
———————————
Nowadays, ATM transfers are becoming increasingly common. However, in the rush of daily life, mistakes can happen - such as accidentally entering the wrong account number, which leads to funds being transferred to the wrong account. In most cases, the recipient is willing to return the money, acting as a good Samaritan. However, occasionally, there are recipients who refuse to cooperate, and when this happens, disputes can arise.
In cases of disputes like this, since there is no debtor-creditor relationship between the sender and the recipient, the money that appears in the recipient’ s account without cause is considered an unjust enrichment under the law, as the recipient has gained a benefit without any legal reason. Therefore, the sender may request the return of the money based on Article 179 of the Civil Code.
Sometimes, a stubborn recipient may claim that the money transferred into their account was a gift from the sender and refuse to return it. However, a gift is a contract, and a contract requires the mutual consent of both parties to be valid (Article 153, Paragraph 1 of the Civil Code). In the case of an erroneous transfer, since the sender did not express any intention of gifting the money either before or after the transfer, the recipient cannot claim to have accepted the gift. Thus, there is no mutual agreement, and the recipient cannot argue that the extra funds in their account are a gift from the sender and refuse to return them.
May 25, 2025