Allocation of Risks Unauthorized Funds in electronic banking in the Legal systemof Iran & US; A comparative study

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Ayoubi Zahra; SHAHBAZINIA MORTEZA; ISAEI TAFRESHI MOHAMMAD; Badini Hasan

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Journal: Comparative Law Researches Year:2019 | Volume:23 | Issue:3 (105) Page(s): 35-67

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Title

Allocation of Risks Unauthorized Funds in electronic banking in the Legal systemof Iran & US; A comparative study

Author(s)

Ayoubi Zahra | SHAHBAZINIA MORTEZA | ISAEI TAFRESHI MOHAMMAD | Badini Hasan | Issue Writer Certificate

Keywords

Electronic transfer of fundsQ1

the unauthorized transactionQ1

allocation of riskQ1

bankQ1

customerQ1

Abstract

One of the main functions of electronic banking is the transfer of funds as one of the most important means of payment, which is now widely popular for various reasons in the field of commerce. However, the fraud and the issuance of unauthorized payment orders has put the tool in jeopardy. The present article seeks to find an appropriate response to the unauthorized transaction risk allocation and to describe the responsibility of the parties to the transaction in the field of electronic banking, which will use an analytical, descriptive, and logical method to to doing comparative research in the legal system of Iran & US. The results of the research shows that an unauthorized transaction is performed without the customer's actual or supposed appearance. Additionally, in cases where the transfer is based on the client's security policy, the customer is often assumed to be responsible. The objectives of risk allocation, including loss reduction, motivation, etc., provide a combination of possible risk allocation approaches so that, while accepting the bank's responsibility, limiting the limit for customer liability to prevent customer negligence in maintaining and maintaining access tools and hand codes To be found. The other results of this research are that Iran's legal system in this area is new, and there is a need for comprehensive regulation, and despite the fact that according to the rules of the principle is the responsibility of the bank, it is the responsibility of the customer's which emphasized in the judicial practice.

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APA: Copy

Ayoubi, Zahra, SHAHBAZINIA, MORTEZA, ISAEI TAFRESHI, MOHAMMAD, & Badini, Hasan. (2019). Allocation of Risks Unauthorized Funds in electronic banking in the Legal systemof Iran & US; A comparative study. COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), 23(3 (105) ), 35-67. SID. https://sid.ir/paper/366555/en

Vancouver: Copy

Ayoubi Zahra, SHAHBAZINIA MORTEZA, ISAEI TAFRESHI MOHAMMAD, Badini Hasan. Allocation of Risks Unauthorized Funds in electronic banking in the Legal systemof Iran & US; A comparative study. COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES)[Internet]. 2019;23(3 (105) ):35-67. Available from: https://sid.ir/paper/366555/en

IEEE: Copy

Zahra Ayoubi, MORTEZA SHAHBAZINIA, MOHAMMAD ISAEI TAFRESHI, and Hasan Badini, “Allocation of Risks Unauthorized Funds in electronic banking in the Legal systemof Iran & US; A comparative study,” COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), vol. 23, no. 3 (105) , pp. 35–67, 2019, [Online]. Available: https://sid.ir/paper/366555/en

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