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:: Volume 1, Issue 4 (Interdisciplinary Legal Research, Jan 2020) ::
ILR 2020, 1(4): 77-93 Back to browse issues page
The Effects of Mistake in Banking Payments
Hossein Khalili Bandeli1 , Mostafa Elsan2 , Babak Rezapour 1
1- Department of Law, Faculty of Humanity, Urmia Branch, Islamic Azad University, Urmia, Iran
2- Department of Private Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran. (Corresponding Author)
Abstract:   (2599 Views)
Background and Aim: Receiving and payment of money constitute a major part of banking activities. Banks are involved with different individuals and customers every day. The variety of payment methods and the plurality of it may cause a mistake in payment to a third party. This article discusses the types of mistakes in payment and its restitution practices.
Materials and Methods: The research method in this paper is descriptive-analytical.
Ethical Considerations: Ethical considerations regarding the writing of texts as well as references to sources were observed.
Findings: In the course of bank and interbank payments, in some cases, due to human resource errors or disruption of computer systems, payment may be made inappropriately. If the bank is responsible for this wrong payment, the practical procedure of the banks in such cases is that if the recipient has an account in the bank, the bank, based on the contract he signed with his client at the time of opening the account and one of the articles of the contract, can withdraw the money from his account.
Conclusion: Payment is often done to fulfill the obligation. This obligation may result from binding contract or any other cause. There is no difference in payment between banks and others. If a person makes an undue payment, it could be refunded.
Keywords: Bank, Bank Payments, Payment by Mistake, Obligation
Full-Text [PDF 1110 kb]   (908 Downloads)    
Type of Study: Research |
Received: 2020/11/5 | Revised: 2021/01/22 | Accepted: 2020/12/20 | Published: 2021/01/1
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Khalili Bandeli H, Elsan M, Rezapour B. The Effects of Mistake in Banking Payments. ILR 2020; 1 (4) :77-93
URL: http://ilrjournal.ir/article-1-56-en.html


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Volume 1, Issue 4 (Interdisciplinary Legal Research, Jan 2020) Back to browse issues page
فصلنامه علمی تخصصی پژوهش‌های حقوقی میان‌رشته‌ای The Quarterly Journal of Interdisciplinary Legal Research
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