:: year 4, Issue 12 (summer 2012) ::
JMBR 2012, 4(12): 127-144 Back to browse issues page
Reversing the Burden of Proof in Electronic Banking
Hamid Ghanbari
Abstract:   (1753 Views)

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

Keywords: Electronic Banking, Civil Responsibility, Error Theory, Risk Theory, Assumed Fault
Full-Text [PDF 149 kb]   (2101 Downloads)    
Type of Study: Empirical Study |
Received: 2014/08/9 | Accepted: 2014/08/9 | Published: 2014/08/9


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year 4, Issue 12 (summer 2012) Back to browse issues page