Review article
https://doi.org/10.30925/zpfsr.37.1.17
RESPONSIBILITY OF THE BANK FOR THE IMPLEMENTATION OF THE ELECTRONIC PAYMENT
Zvonimir Slakoper
; Pranvi fakultet Sveučilišta u Rijeci; Ekonomski fakultet Sveučilišta u Zagrebu
Marko Perkušić
; Sveučilište u Splitu
Abstract
In this article the Bank’s responsibility for the implementation of electronic payments is examined by bearing in mind that modern payment regularly includes (1) several actions that are performed with the use of electronic means of communication – therefore it is pertinent to talk about implementation of payment instead of payment - (2) the existence of a legal relationship between the payer and the first bank and the payee and the other bank, (3) actions taken by both banks, and (4) implementation of the Payment System Act. With regard to last circumstances and the fact that the Payment System Act is using complex and for the Croatian legal language atypical terminology in the first part of the paper we will explain and harmonize the language terminology with existing legal standards and try to fit that terminology into these standards. This part of the article also explains the factual issues - relating to electronic means of communication that are used in payments - necessity for the legal qualification of actions undertaken in payments and legal relations that exist or will exist. To understand the responsibilities and legal consequences, it was necessary to expose the content of the bank’s obligations, and in the central part of the article we analyze the possible legal consequences of the bank’s failure to fulfill, delay or untimely fulfill its obligations. In this section the legal consequences provided by the Payment System Act are beeing displayed and analyzed - as special regulation which regulates them only partially – and are beeing connected, fit into and observed in the context of the general rules of contract law in the Obligations Act.
Keywords
Responsibility of the bank; electronic payment; contract for a single payment transaction; Framework agreement on payment services; agreement on banking current account; obligation law
Hrčak ID:
160668
URI
Publication date:
11.4.2016.
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