المسؤولیة المصرفیة المتعلقة بالتحویل الالكتروني

Abstract

"This dissertation examines the legal framework governing electronic funds transfers and the banking liability arising from such transactions. The study highlights the significant role of technological advancement in transforming banking operations, particularly through the adoption of electronic payment and transfer systems. While these systems provide speed, efficiency, and convenience, they also create legal challenges related to security, customer protection, and liability allocation. The research first defines electronic funds transfer, explains its characteristics, and identifies the parties involved in the transaction. It also analyzes the legal and regulatory framework governing electronic banking operations. The dissertation further explores banking liability resulting from electronic transfers by examining its legal basis, conditions, and consequences. Particular attention is given to operational errors, technical failures, unauthorized transfers, cybersecurity risks, and delays in executing transfer orders. The study concludes that banks bear substantial obligations regarding accuracy, confidentiality, security, and proper execution of transfer instructions. Whenever a bank breaches these obligations and causes damage to customers, legal liability may arise. Finally, the research emphasizes the necessity of updating legal regulations, strengthening cybersecurity measures, and improving consumer protection mechanisms to ensure confidence in electronic banking services"