Civil liability of the contracting parties in electronic loyalty cards (merchant and cardholder)

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

 The technological development that the world has witnessed recently has made the normal dealing in daily life based on intangible legal pillars for the public, believing that it has become an urgent necessity in order to keep pace with global electronic development, such as some people obtaining services, buying goods and fulfilling their value through electronic supports,  Such as electronic payment cards, which are considered - by their origin and obtaining - a legal act that has effect towards the parties to the contract. Obtaining such a service is based on the two contracts formed between the card issuer and the holder, the card issuer and the merchant, and the third contract formed between the holder and the merchant, which is a way to have an impact on everyone who contracts with it, as a result of breaching one of the obligations stipulated in the contract. The emergence of electronic loyalty cards is accompanied by a set of cases of illegal use, which cannot be counted, due to their diversity and development, as well as the continuous emergence of new methods and cases, so the illegal use of the card is determined through the immediate legitimate use of it, any use that violates the legal terms of use is considered illegal use of the card, and in the case of any illegal use of the card, or a breach of one of the obligations stipulated in the contract leads to civil liability.

Keywords