المسؤولية المدنية للمصرف عن الاخلال بعقد التحويل المصرفي الالكتروني
Date
2020-09-04
Authors
علاء جمال محمد أبو هلال
Alaa Jamal Mohammad Abuhelal
Journal Title
Journal ISSN
Volume Title
Publisher
Al-Quds University
Abstract
Scientific technological development and modern electronic technologies are among the distinctive features of this era. It has become a basic pillar for the banking sector in providing banking services. The electronic transfer contract is one of these services that is widely popular in the relationship between banks and their customers because of its’ many privileges they enjoy, the most important of which are high speed in collecting money, low costs, reducing the use of paper supporters - and replacing them with electronic supporters -, and safety. However, these advantages do not eliminate the risks incurred by banks and customers as a result of their use. It was necessary for legislators in all countries of the world to play their role in organizing and legalizing this phenomenon, clarifying the rights and duties of these parties towards it, the legal implications of its use, and to lay down the necessary penal rules to deter all who misuse it. The civil responsibility of the bank is one of the important issues that still suffers from the lack of interest in most Arab legislation, including Palestinian legislation, which impelled us to address such a topic. Perhaps we could contribute to presenting some modest proposals and recommendations that we hope the Palestinian legislator will take into consideration.
The importance of the research lies in knowing what the electronic bank transfer contract is, which is based on the idea of double entry on the debtor side of the commander's account, and on the credit side of the beneficiary's account. As well as identifying the role of legislators in organizing and codifying these contracts, and determining the duties and rights of each party in it.
The research aims to identify the contract mechanism and to clarify the bank’s obligations towards it, know the nature of the risks arising when dealing with it,
the extent of damage to the parties of the contract, the role of legislators in legalizing it, and determining civil responsibility for electronic bank transfer.
And to answer the fundamental question: What is the bank's civil responsibility for the electronic bank transfer contract?
Which leads us to conclude, that the definition of an electronic bank transfer contract is: an agreement between the commander of the transfer and the bank, and this agreement is established or executed through an electronic means whereby the bank is obligated, based on an order from the one who is commanding the transfer, to transfer a certain amount from one account to another. The electronic bank transfer contract is nothing more than a tool for the circulation of cash as an alternative to manual circulation. Studying the contract and handling it from a legal point of view creates an atmosphere of trust which is the basis of commercial transactions in general and the new mechanisms in particular. The responsibility of the bank towards electronic transfer contracts aims to decrease the harm inflicted on others, based on a previous legal obligation not to harm others.