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第三方支付平台的运转特性导致巨额资金沉淀其中,该沉淀资金及其利息的所有权归属以及能否利用该沉淀资金进行投资活动的问题在理论界有很大争议。通过分析认为,消费者与第三方支付平台因网上交易的支付形成了信托法律关系。根据大陆法系的通说,可以得出沉淀资金及其利息的所有权由作为受托人的第三方支付平台享有的结论。最后通过综合评估认为,第三方支付平台利用沉淀资金进行投资活动具有可行性。
The operating characteristics of the third-party payment platform led to a huge amount of capital precipitation. The ownership of the capital and interest of the deposits and the possibility of utilizing the capital for investment activities have been debated theoretically. According to the analysis, consumers and third-party payment platform formed a trust legal relationship due to the payment of online transactions. According to the common law of the civil law system, it can be concluded that the ownership of the sedimentary capital and its interest is enjoyed by the third-party payment platform as trustee. Finally, through the comprehensive assessment, it is feasible for the third-party payment platform to use the sedimentation funds for investment activities.