المسؤولية المدنية للمصدر عن الاستعمال غير المشروع لبطاقة الائتمان The Civil Responsibility of the Issuer for the Unlawful Use of the Credit Card

نوع المستند : المقالة الأصلية

المؤلف

Assistant Professor of Civil Law, University of Abu Dhabi, United Arab Emirates

المستخلص

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.

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