المقاصة الإلكترونية و المسؤولية المدنية التي تنجم عنها

Abstract EN

The electronic clearing the way for the settlement of payments between banks electronically and thus a quantum leap in the field of banking business is dependent optimal use of information technology and facilitate the transfer of funds and instruments between banks , and clearing electronic characteristics that distinguish them from other electronic systems Kalthoil electronic money and electronic payment , it is a tool Wafa Double agreement characterized by safe and confidential data transfer as well as a tool to reduce the phenomenon of instruments bounced bringing the application of this system is necessary for the purpose of back deal to use the new instruments with a ribbon magnetically recorded by documented information to the health of the instrument and this would avoid trading instruments phantom so it began most private banks and their affiliates to adopt electronic clearing system because it is beneficial to the banking sector for the safety enjoyed by this system , has exposed the bank within the implementation of the process of the electronic clearing of responsibility , and vary this responsibility according to their causes and consequences , it may be the responsibility of the bank nodal considering that the bank when the implementation process electronic clearing but does so on the basis of a contract between him and the client an individual or a body corporate which is often a bank last has the responsibility for exchange tort for damage to someone who does not bind the bank relationship nodosum , may also ask the bank just to afford the client harm as a result of the bank's activities take the risk on the basis of the profession in all of this , the provisions of this responsibility derives from the general rules of civil law and also of the Commercial Code , as the process of commercial banking as well as some special provisions stipulated by the legislator into account the specificity of this process banking .