الطبيعة القانونية للعلاقة : بين حامل بطاقة الدفع الإلكتروني و التاجر

Abstract EN

The technological development, especially in the field of commercial environment has generated significant effects on the course of human activity in general, which led to the development of human life and created many facilities that did not exist before.

The most important of these facilities cards electronic payment, which is a sophisticated means of payment (Commercial transfer, bill of exchange, instrument).

The main purpose of the holder to use these cards in relation to the merchant is to meet the value of the purchases or to obtain the goods and services.

The card undertakes the issuer to open a credit within a certain amount For the benefit of a person called the cardholder, which enables him to meet and pay the value of his purchases at the shops that are connected at the same time to the issuer of the card by a contract that obligates it to accept the payment under this card with its sales or services within a certain period.

, Some of the jurisprudence said that it is based on the contract of the transfer through the carrier to refer the merchant to the source card, and others established by the contract of the agency, the cardholder makes the merchant agent for him, others set up on the basis of the requirement for the benefit of others and the intention of the establishment Based on the pledge of the third party and the closest to the right, as well as the Islamic jurisprudence differed on the adaptation of the legal jurisprudence, has emerged from the relationship of the pregnant merchant obligations for both the pregnant and the merchant is obliged to sign the invoice for purchase or provide the service and as a commitment to the validity of the card for use and be used within In addition, the merchant is obliged to accept the card and sell at a flat rate, as well as to deliver his goods and not to refund the price, in addition to confirming the signature of the holder.

However, I believe that these cards are of a special nature, And the loan again without agreeing with them in the provisions, so there must be special legal provisions within the rules of the law of trade governing the relationship of emerging electronic payment cards.