Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Legal effects of electronic funds transfer in connection with financial institutions

Document Type : Review Article

Authors
Ali Mohammad Dehghan 1
Mohammad Hadi Yar Ahmadi 2
1 Master of Private Law, Faculty of Law, Islamic Azad University, Yazd Branch. (Corresponding Author)
2 PhD student in Social Sciences, Faculty of Humanities, Islamic Azad University, Dehaghan Branch.
Abstract
In today's world, e-commerce accounts for a significant volume of commercial transactions, and the electronic transfer of funds plays a key role in its implementation. Regardless of the trading features of electronic funds transaction, as a method of payment that has direct effects on the policy and monetary system of countries, this type of transaction also overshadows consumer rights. Therefore, this article was conducted to investigate the legal effects of electronic funds transfer in relation to financial institutions and descriptive-analytical method. Studies have shown that, in Iranian law, a comprehensive law to clarify the legal rules governing transactions has not been adopted, and the only regulations adopted in this regard are the instructions approved by the Central Bank, the most important of which are the instructions. Issuance of payment order and transfer of funds approved in 1385 and regulations governing payment service providers approved in 1390. Article 4 of the Law on Interest-Free Banking, approved in 1983, obliges banks to repay the principal of customers' deposits, so the bank can not relieve itself of liability by invoking the infiltrating act. Regarding other damages to customers, according to paragraph c of Article 35 of the Monetary and Banking Law of the country, merely citing damages to banking operations, causes the bank to be liable.
Keywords
Financial institutions
banks
electronic funds transfer
liability
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  • Receive Date 07 March 2022
  • Accept Date 15 March 2022