Law and Humanities
Quarterly Reviews
ISSN 2827-9735
Published: 17 July 2024
The Reality of Electronic Payment in Achieving Clearing by Means of Electronic Cheques- Jordanian Legislation
Ahmad Alsharu
Irbid National University
Download Full-Text Pdf
10.31014/aior.1996.03.03.123
Pages: 27-40
Keywords: Electronic Payment, Jordanian Electronic Transactions, Service Provider, Electronic Clearing, Electronic Cheque
Abstract
In contracts, a payment is a law-imposed obligation. The expansion of e-commerce resulting from technological development has created electronic payment. Similarly, the electronic payment mechanism needs to be cleared through legal regulation via a service provider, including electronic clearing as a form of banking compliance. This descriptive study examined the stance of the Jordanian legislator in electronic payment regulation through electronic Cheque clearing. Applicable laws including the British law were elaborated and compared, to facilitate the Jordanian legislation in the development of electronic payment systems via electronic clearing of Cheque. The study found insufficiency of the Electronic Transactions Law 2015 (ETL) in regulating electronic payment. This study recommended adding some legal provisions on the electronic payment methods and definitions of civil liability in the Jordanian Electronic Transactions Law. Also, the Jordanian Trade law 1966 needs to be amended to accommodate the data on the electronic Cheque as an electronic payment mode via electronic clearing.
References
Abu Issa, H. (2019). "Information Technology Crimes, a comparative study in Arab legislation."
Ahmad Abu Al-Rous, (2002). The provisions of the bill of exchange and the Cheque, The Modern University Office, Alexandria - Egypt, p. 91
Al-Anazi, M. (2015). Criminal Protection of Electronic Payment Cards from Forgery. The Arab Journal for Security Studies and Training, Volume 31, Issue 62.
Alhiti, M. (2009). Criminal protection for magnetic credit cards. Cairo: Dar Alkotob Alqanonia.
Al-Husban, Mohammed, Amal Al-Husban, and Husam Yaseen. (2018)"Facilitating e-commerce in Jordan: A qualitative analysis." International Journal for Digital Society (IJDS) 7, no. 4: 1206-1213.
Al-Ibraheem, Marwan, and Hisham Tahat. (2006)."Regulating electronic contracting in Jordan." In the Proceedings of 21st BILETA Conference: Globalisation & Harmonisation in Technology Law. Malta.
Al-Masa'deh, Ahmed Mahmoud. (2014). "The Legal Nature of the Electronic Cheque." JL Pol'y & Globalization 23: 18.
Al-Rubai, Ibraheem Ismael, and Kassam Hassan Shany. (2018) "Civil liability for the bank forged instrument exchange through electronic clearing Comparative Study." AL-Mouhaqiq Al-Hilly Journal for legal and political science 10, no. 2.
Alyoubi, Adel A. (2015). "E-commerce in developing countries and how to develop them during the introduction of modern systems." Procedia Computer Science 65: 479-483.
Al-Zoubi, Ali Moh'D. Farhan. (2022). "Negligent Civil Liability in Electronic Transactions." Journal of Positive School Psychology 6, no. 5.
Bambot, Clinton. (2018). "The Electronic Clearing System and Settlement of Debts."
European Commission, “Communication from the Commission to the Council and the European Parliament.
European Commission, Directive 2007/64/EC of the European Parliament and the Council of 13 November.
Falah, Nusrat. (2021). Civil Liability of the Electronic Payment Services Provider, Master’s Thesis, Middle East University – Jordan https://alhsoun.com/upload/Law63c5c6407ff937.19668119.pdf .
Fawzi Sami, (2009).” Explanation of Commercial Law and Commercial Papers, Part 2, Dar Al education for Publishing and Distribution. Page 257.
Fung, B., M. Molico, and G. Stuber. (2014)."Electronic Money and Payments: Recent Developments and Issues. Bank of Canada." Discussion Papers 14-2.
Google Payment Limited is registered under FSA Register Number 900008. As part of the ensuing obligations, it provides information to its users regarding its capital level and liquid assets: checkout.google.com/files/fsa_footer.html. The UK implemented the E-money Directive as The Electronic Money Regulations 2011, S.I. 2011 No. 99.
Haloush, Haitham A. (2009)."Legal Framework of Unfair Competition in Jordan: Scope of Application and Legal Protection." JE Asia & Int'l L. 2: 49.
Hind Faleh Mahmoud, and Eng. Protect all dear Abdul Karim. (2018). “Electronic clearing and the civil liability resulting from it.” Al-Rafidain for Rights 18, no. 63 (In Arabic). https://web.p.ebscohost.com/ehost/pdfviewer/pdfviewer?vid=0&sid=6f884580-c522-473a-bff3-68b6f807996c%40redis.
Janczuk, Agnieszka. (2009)."The single payments area in Europe." Colum. J. Eur. L. 16: 321.
Kalou, H. (2015). Electronic Payment Card in Algerian Law. Journal of Human Sciences, Volume A, Issue 44.
Khater, Mohammad Nasr. (2024)"Criminalization of Forgery of Electronic Payment Cards in Jordanian Legislation." Pakistan Journal of Criminology 16, no. 01: 441-455.
Khwaileh, Khaled Mohammad, and Ahmad Ibrahim Alsharu. (2023). "The conceptual framework of Electronic travellers Cheque in the Jordanian legislation: A comparative study." Remittances Review 8, no. 4.
Mazitova, Maria. (2015). "Consumer liability in case of fraud with electronic payment instruments: an analysis of European and Russian rules." Master's thesis.
Mentioned Member States constitute the Single Euro Payments Area (SEPA) which was created by the EU for the simplification of bank transfers and for making all electronic payments in the euro area as easy as cash.
Mercado-Kierkegaard, Sylvia. (2007) "Harmonising the regulatory regime for cross-border payment services." Computer law & security review 23, no. 2: 177-187.
Mercado-Kierkegaard, Sylvia. "Harmonising the regulatory regime for cross-border payment services." Computer law & security review 23, no. 2 (2007): 177-187.
Model Law on Electronic Signatures of the United Nations Commission on International Trade Law.
Mohammed, Zayyanu, Umar Abbas Ibrahim, and Taiwo Adewale Muritala. (2022). "Effect of payments system innovations on the financial performance of commercial banks in Nigeria." Journal of Service Science and Management 15, No. 1): 35-53.
Rachavelias, Michail G. (2019). "Online financial crimes and fraud committed with electronic means of payment—a general approach and case studies in Greece." In Era Forum, vol. 19, no. 3, pp. 339-355. Berlin/Heidelberg: Springer Berlin Heidelberg.
Saleh Al-Ali, Abdul-Razzaq Al-Shaiban, (2017). Traveler's Cheque s - A Comparative Study, Journal of Law, Third Issue, Kuwait University.
Samer Sulaiman, (2013). “The Legal System of Electronic Cheque,” Master Thesis, Damascus University Press.
Shamraev, Andrey. (2019). "Legal and regulatory framework of the payment and e-money services in the BRiCS countries." BRICS Law Journal 6, no. 2: 60-81.
Stewart, Jenny, and Russell Ayres. (2001) "Systems theory and policy practice: An exploration." Policy Sciences 34, no. 1: 79-94.
This law published in the page (472), Official Gazette No. (1910), issued on 30/3/1966 Act has addressed the provisions in articles (228-281).
Tubaishat, Bassam Mostafa. (2019). "The Legal System of Electronic Chequin Jordanian Law." JL Pol'y & Globalization 85: 145.
Vandezande, Niels. (2013). "Mobile wallets and virtual alternative currencies under the EU legal framework on electronic payments." ICRI Research Paper 16.