التنظيم القانوني لاستخدام النقود الإلكترونية : دراسة مقارنة

العناوين الأخرى

Legal regulation for the use of electronic money : a comparative study

مقدم أطروحة جامعية

الجبوري، فؤاد ياسين خلف

مشرف أطروحة جامعية

الزعبي، علي محمد علي

الجامعة

جامعة الإسراء

الكلية

كلية الحقوق

دولة الجامعة

الأردن

الدرجة العلمية

ماجستير

تاريخ الدرجة العلمية

2018

الملخص الإنجليزي

Electronic money is one of the most important innovations of modern technological advances in the field of electronic payment.

The reason for the spread of electronic payment methods in general and electronic money in particular is the increased need to find modern methods and methods that correspond to the requirements of the development of trade and especially ecommerce after the spread of what is known in electronic banks, electronic contracts and advanced banking operations, which rely mainly on electronic payment and electronic transfer of funds, where recent years have seen significant progress in this area.

The electronic legal nature of e-money has aroused considerable controversy among jurists.

The researcher concluded that electronic money cannot be a new form of money but an electronic payment method created by new technological developments.

It differs from traditional money (paper and metal) In terms of the issue of issuance, where the latter is characterized by the source unit (Central Bank), as for electronic money is issued in the countries that deal with them, especially European countries, either by banks or financial institutions licensed and called institutions of electronic money, A competition factor makes the biggest in the electronic money.

The issuance of electronic money may be subject to legal provisions or controls in order to ensure an adequate level of financial safety.

Such controls shall be either formality or objectivity.

The issuer of such money shall be bound by them and shall aim at protecting the parties involved in this type of money.

And the prevention of legal and security risks that are expected to occur as a result of their issuance.

On the other hand, dealing with electronic money is not free of many risks, it may be of a technical nature resulting from the malfunction of the payment system or the risk of abuse of some of this method such as money laundering or terrorism financing Or Tax evasion.

As for the fulfillment by electronic money is final as the consumer can complete the sale and fulfill its obligations without the need to carry out additional operations, such as refer to him or demand a future settlement to complete the payment, which is not linked to any bank account, which makes the consumer free to act and transfer them freely without having to go back to the source to complete the payment process.

The electronic payment arrangement has many obligations on the parties to the payment process.

The breach of this obligation entails the imposition of contractual liability towards the party that breached its obligations.

In the case of the use of the third-party payment instrument and its use, it leads to the liability of the parties to the payment.

In conclusion, electronic money needs a legal regulation governing the use of it, otherwise electronic dealers will be exposed to many risks, notably the failure of the source in the conversion of electronic units into ordinary money, resulting in loss of confidence of customers and insufficient to meet financial obligations between the parties I dealt with this kind of money.

التخصصات الرئيسية

القانون

الموضوعات

• القانون
• العملة الرقمية

عدد الصفحات

114

قائمة المحتويات

• APA
• MLA
• AMA

لغة النص

العربية

نوع البيانات

رسائل جامعية

رقم السجل

BIM-835229