المسؤولية المدنية للبنك في بطاقات الائتمان
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Date
2023
Authors
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Publisher
université M'sila
Abstract
Credit cards are considered one of the most widely electronic payment methods used by customers, and are often the only means of acquiring their daily necessities via intenet, phone, or email.
The credit card system is based on a main tripartite relationship between the issuing bank, the merchant and the customer, and since the contract is in a typical form, the bank can evade responsibility and place it on the customer. Thus, some developed countries hastened to enact special laws to protect the customer, however; the developing countries still witnesses a legislative vacuum and the general rules stipulated in the civil law, including the Algerian legislator, are applied to it. These general rules of responsibility have proven insufficient in providing adequate protection to the customer, which prompted both jurisprudence and the judiciary to think of a new basis for responsibility, which is to tighten the responsibility of the bank being a professional through applying risk-taking and professional responsibility, and propose legal means to protect the customer through enforcing the bank's obligation to inform the customer, and giving the judge the discretion to modify or invalidate abusive terms
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Keywords
the bank, the customer, credit cards, civil liability, the obligation to inform, abusive conditions