المسؤولية المدنية للمصدر عن الاستعمال غير المشروع لبطاقة الائتمان The Civil Responsibility of the Issuer for the Unlawful Use of the Credit Card | ||
| المجلة الدولية للعلوم القانونية و المعلوماتية | ||
| Volume 2, Issue 1, January 2019, Pages 1-28 PDF (475.77 K) | ||
| Document Type: المقالة الأصلية | ||
| DOI: 10.21608/ijslc.2019.201014 | ||
| Author | ||
| Ghazi Ayed Sayah Alghathian | ||
| Assistant Professor of Civil Law, University of Abu Dhabi, United Arab Emirates | ||
| Abstract | ||
| The impact of Information Technology has been enormous on the traditional means of payment. Today, Credit card is considered as one of the most important and popular means of payment due to its enormous advantages for its parties. It should however be noted that the issuer may bear responsibility when such card is unlawfully used. Unlike French legislation which explicitly regulate credit cards in the amended French Finance Act No. 776 of 2008, and the Law No.104 of 2009, Arab Law has not provided any detailed guidance in this regard. As such, As such, this study has been divided into three main sections and a conclusion. The first section deals with the obligations of the Credit card issuer to inquire when examining the credit card application, while the second section sheds light on the contractual liability of such issuer. Section three of this study discuss the tort liability of the issuer and examine whether or not the current law strikes an appropriate balance between all involved parties. We will consider for this purpose both the Jordanian and Egyptian Legislation. Finally, the conclusion focuses on the main results and recommendations of this study, and insists on the importance of enacting specific sets of rules to explicitly regulate all matters related to credit card. | ||
| Keywords | ||
| Civil liability; nodal responsibility; tort liability; illegal use; credit card; customer | ||
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