عقد التاجر في نظام بطاقة الائتمان : دراسة مقارنة في التزامات التاجر قبل البنك المصدر لبطاقة الائتمان

الملخص EN

The enormous technological development witnessed in the world in the late twentieth century, especially in the field of computer and the internet, has led to the inclusion of credit card system into the market of civil and commercial transactions.

In view of the modernity of this system and the multiplicity of relations and legal problems resulting from it, it was necessary for the legislator to intervene to regulate it, and this is what the legislator did in some countries, while the regulation of this system in many countries, including Iraq, subjects to the general provisions of the law and banking traditions that may no longer be able to accommodate the provisions of this multi-relationship system and the ramifications of the provisions.

This study is an attempt to illuminate the way for the Iraqi legislator in his future efforts to legislate a law regulating the issuance and use of a credit card.

The study includes examining a specific aspect of the various aspects of the credit card system, namely the contract between the issuing bank and the merchant.

Specifically, this study examines the merchant's obligations towards the issuing bank of the credit card in the merchant's contract within the credit card system.

This study has reached several results regarding the concept of the merchant's contract in the credit card system and its legal adaptation.

The study concluded that adapting the merchant's contract as an indefinite contract of a special nature is the more accurate adaptation.

The study also concluded that there are in merchant contract multiple obligations on the merchant towards the issuing bank of the credit card, some of them are direct obligations towards the issuing bank of the credit card, and others are indirect obligations on the merchant towards the bank issuing the credit card not in direct deal with the issuing bank, but in context of dealing of the merchant with credit card holder.

The direct obligations of the merchant towards the credit card issuing bank are obligation to pay commissions and membership fees, obligation to maintaining the means of using the credit card delivered to him by the issuing bank and returning the means to the latter, obligation of informing and obligation to open a bank account.

While the indirect obligations of the merchant towards the credit card issuing bank are obligation to accept the credit card, obligation to verify the credit card and the identity of the card holder, obligation to maintain the confidentiality of the credit card information and its holder, and obligation to regulate the invoices and submitting them to the bank.

The study presented several suggestions in front of the Iraqi legislator about provisions regulating the merchant's obligations towards the issuing bank of the credit card in the merchant's contract within the credit card system, and the Iraqi legislator can rely on them in the drafting of any special law to be legislated in the future in regulating the issuance and use of the credit card.