The Nature of Banks' Civil Liability in Skimming According to Jurisprudence
Subject Areas : Financial Knowledge of Securities Analysis
mohammadreza namjouyan
1
(Department of Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.)
seyedmohammadreza emam
2
(Associate Professor Fiqh and Fundamentals of Islamic Law, Supervisor, Department of Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran. (Correspondent Author),)
Keywords: civil liability, electronic banking, Skimming, Joint responsibility of the ba, Compensation,
Abstract :
In today's world, payments are mostly made through electronic transactions. In these exchanges, it sometimes happens that the funds do not reach the destination, or unauthorized withdrawals are made from the customers' accounts through abuse of card readers. One of the issues considered in electronic banking is the growing phenomenon of cyber-attacks in cyberspace. What is certain is that building a secure network and protecting Information Technology infrastructure requires a nationwide effort. Considering the harms caused by such attacks, it is vital to be familiar with the concept of cyber-attacks and the resulting civil liabilities, and the related solutions, levels and tools involved. Banks and credit institutions, if at fault, are liable for damages incurred by the party involved (cardholder). This liability arises from the implicit obligation of the bank in such cases, and in cases resulting from negligence. Thus, the bank is obligated to compensate the customer for the losses and damages, and the burden of proof lies with the bank. In this article, while explaining the subject and specialized terminology, the nature of civil liability of banks based on jurisprudential guidelines has been dealt with. Considering the relationship between this business and professional practice it has been suggested that the legislature defines the limits of the bank's liability and the guarantee of its implementation
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