"Civil Liability for Electronic Banking via Mobile Phone"

10.2478/bjlp-2022-007029

Abstract

The main objective of the research is to shed light on the civil liability of mobile banking and to clarify the position of the Jordanian legislator regarding it. Therefore, this research was divided into two sections. The first dealt with the definition of electronic banking via mobile phone and the basis for its regulation in Jordanian legislation, and the second was devoted to the provisions of civil liability resulting from banking contracts. The study reached a set of results, the most important of which is that it classifies the subscription contract for mobile banking service as a continuous compliance contract, and the electronic operations contract as an immediate contract, sponsored by three principles, the authority of the will, consent, and the binding force of the contract, through which civil liability is achieved. Contractual and tort - is the responsibility of its parties. As for the most important recommendations, it was represented in the need to develop the necessary legislation and laws to ensure the efficiency and effectiveness of the process of supervision and control of banking and payment systems by the Central Bank, including the development and updating of the regulatory and legal frameworks for this service and work to complete the technical aspects required in terms of compatibility and interdependence between the different systems.