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Examples, Foundations and Effects of Mistake in Bank Payments Activities (in Persian)

Author

Listed:
  • Elsan, Mostafa

    (Shahid Beheshti Universiry)

  • Mazloumi, Sajjad

    (Shahid Beheshti Universiry)

Abstract

One of the complicated issues in banking law is the errors and mistakes that may occur in the course of banks and interbank payments. A human or computer error in the payment process may make the payment impossible, delayed, or unjust enrichment. That is, the payment was made to a person who did not qualify for it. In our countrychr('39')s law, only a few regulations have addressed the issues of disruption and mistakes in bank payments. This situation is relatively similar in other countries. It can be argued that a large part of the laws governing computer errors or mistakes and fraud in payments have been developed based on the precedent of courts and judicial and arbitral awards. In Iran, this practice has been rarely discussed. Due to this, we will inevitably have to look at the law of other countries.

Suggested Citation

  • Elsan, Mostafa & Mazloumi, Sajjad, 2018. "Examples, Foundations and Effects of Mistake in Bank Payments Activities (in Persian)," Journal of Monetary and Banking Research (فصلنامه پژوهش‌های پولی-بانکی), Monetary and Banking Research Institute, Central Bank of the Islamic Republic of Iran, vol. 11(36), pages 293-318, September.
    • Handle: RePEc:mbr:jmbres:v:11:y:2018:i:36:p:293-318
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    JEL classification:

    • K19 - Law and Economics - - Basic Areas of Law - - - Other
    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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