الإطار القانوني لإلتزامات الآمر في عقد تحويل النقود الإلكترونية
Volume 13 , Issue 2 , December 2025 , Pages 207-237
Authors
Binar Ibrahim Hassan ; Prof. Dr. Avan Abdulaziz Redha
10.17656/jlps.10374
Keywords
Abstract
Given the unique nature of electronic money transfer contracts, unforeseen legal and technical problems may arise during their execution, particularly concerning the legal relationships between the parties. Therefore, it is essential to establish legal controls governing the obligations of the party initiating the transfer. This research will examine the legal framework for the obligations of the party initiating the transfer in an electronic money transfer contract. This will begin by defining the concept of an electronic money transfer contract and then addressing the obligations of the party initiating the transfer. These obligations include maintaining access to their electronic bank account, notifying the electronic bank in case of loss or theft of access to their electronic bank account, and paying the expenses and fees associated with the electronic transfer. All of this will be analyzed in light of the provisions of the Iraqi Civil Code No. (40) of 1951 and its amendments, and the Iraqi Electronic Signature and Electronic Transactions Law No. (78) of 2012. Furthermore, it will be compared with relevant laws in the UAE legislation, such as the amended Federal Civil Transactions Law No. (5) of 1985 and Federal Decree-Law No. (46) of 2021 concerning Electronic Transactions and Trust Services. The research will employ a comparative analytical approach to achieve its objectives. The study, and consequently, many results were reached in light of it.
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- First online15 December 2025
- Published at15 December 2025
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