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Reversing the Burden of Proof in Electronic Banking (in Persian)

Author

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  • Ghanbari, Hamid

    (Iran)

Abstract

One of the important points in electronic banking is that in a dispute between a bank and a customer who shall bear the burden of proof? While in traditional system of evidence, the claimant bears the burden of proof, special realities in electronic banking make use of this system difficult. This article argues that justice requires that in banking disputes the bank shall bear the burden of proof whether the bank is claimant or defendant and at the same time the dual system based on risk and fault should be established for such disputes between bank and client. JEL Classification: G21, K20

Suggested Citation

  • Ghanbari, Hamid, 2012. "Reversing the Burden of Proof in Electronic Banking (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. 4(12), pages 127-144, September.
    • Handle: RePEc:mbr:jmbres:v:4:y:2012:i:12:p:127-144
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    More about this item

    Keywords

    Electronic Banking; Civil Responsibility; Error Theory; Risk Theory; Assumed Fault;
    All these keywords.

    JEL classification:

    • G21 - Financial Economics - - Financial Institutions and Services - - - Banks; Other Depository Institutions; Micro Finance Institutions; Mortgages
    • K20 - Law and Economics - - Regulation and Business Law - - - General

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