الإطار القانوني لعلاقة البنك بالزبون في إطار عمليات الدفع و إدارتها

الملخص EN

This paper aims to determine the nature of the relationship between the bank and the customer as well as the limits for each party, within the framework of the provision of customer with the means of payment and the management thereof.

The said operation is considered one of the most important banking operations in accordance with what is stipulated in Article 66 of the Law on Currency and Credit in Algeria.That is why it is essential to elucidate the legal concept of this operation and determine its parties, as well as the legal nature of contracts entered into within the framework of providing the public with the means of payment.

Since this operation constitutes a risk to the banks, in the first place, and the customer, in the second place; it has become necessary to draw the attention of the legislator on this issue and intensify itsefforts to keep pace with the evolution experienced by the said operation, in particular the growing number of cases of bans imposed by banks on the means of payment; this is well illustrated through Article 119bis of the Order 10-04 amending and supplementing the Order 03-11 that expanded the scope of the rights of customers to obtain these means.