چکیده:
Electronic transaction means any exchange of funds where, at least, one operation is conducted using electronic means. In these transactions, although the customer demands transaction to Transferring bank, but the electronic transaction part are doing by Clearing House or Intermediary bank. It concepts that Clearing House has not direct relationship with customer, consequently, the question arises that if damages caused by him, Is he liable against customer? It seems that the clearing house’s liability against its customers is a type of professional liability with a dual state that is a combination of contractual and civil liability named it “legal basis” that is composed of civil and contractual liability. In addition, the liability of clearing house is strict and the mere reference of damage to him leads to its liability and it is only through proof by the force major can be exempted from liability. Attending to clearing house obligate the part of transaction mere and other part of transaction undertake by transferring and transferred bank, consequently, in loss claim action, the customer should prove that damage refer to clearing house.
خلاصه ماشینی:
In Iranian law, a comprehensive law to define the legal rules governing transactions has not been enacted, and the only approved regulations on this subject are directives approved by the Central Bank, the most important of which are the "Directive for Issuing Payment Orders and Transfer of Funds approved in 1385" and the "Regulations Governing Payment Service Providers approved in 1 .
After the exchange of this payment order, if the order is confirmed by that bank, the clearing center records a debit entry in the settlement account 1 of the mentioned bank and a credit entry in the account of the paying bank, and finally, the receiving bank transfers the funds to the customer.
Based on Clause 15 of Article 1 of the Directive for Issuing Payment Orders and Transfer of Funds and Clause 9 of Article 1 of the Membership Agreement in the Real-Time Gross Settlement (SATNA) system, a settlement account is an account that financial institutions open at the Central Bank for the purpose of performing interbank settlement.
Since the names of the transferor and the transferee are specified in the payment order, and the intermediary bank and the clearing center, by accepting this payment order, have correctly undertaken to perform the obligation for the benefit of these two persons, the transferor and the transferee are considered third-party beneficiaries in the contract concluded between the transferring bank and the receiving bank.
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