I المقاصة الالكترونية والمسؤولية المدنية التي تنجم عنها

Abstract

Abstract The electronic clearing the way for the settlement ofpayments between banks electronically and thus a quantumleap in the field of banking business is dependent optimaluse of information technology and facilitate the transfer offunds and instruments between banks , and clearingelectronic characteristics that distinguish them from otherelectronic systems Kalthoil electronic money and electronicpayment , it is a tool Wafa Double agreement characterizedby safe and confidential data transfer as well as a tool toreduce the phenomenon of instruments bounced bringing theapplication of this system is necessary for the purpose ofback deal to use the new instruments with a ribbonmagnetically recorded by documented information to thehealth of the instrument and this would avoid tradinginstruments phantom so it began most private banks andtheir affiliates to adopt electronic clearing system because itis beneficial to the banking sector for the safety enjoyed bythis system , has exposed the bank within theimplementation of the process of the electronic clearing ofresponsibility , and vary this responsibility according to theircauses and consequences , it may be the responsibility of thebank nodal considering that the bank when theimplementation process electronic clearing but does so onthe basis of a contract between him and the client anindividual or a body corporate which is often a bank last hasthe responsibility for exchange tort for damage to someonewho does not bind the bank relationship nodosum , may alsoask the bank just to afford the client harm as a result of thebank's activities take the risk on the basis of the profession inall of this , the provisions of this responsibility derives fromthe general rules of civil law and also of the CommercialCode , as the process of commercial banking as well as somespecial provisions stipulated by the legislator into accountthe specificity of this process banking .