The appearance of bank credit cards as a new and advanced means of payment and settlement of commercial transactions is one of the most significant revolutions in modern information technology. They have replaced traditional payment methods and means using cash or checks, allowing customers to easily and quickly pay for goods and purchases using simplified operating procedures, without the need to carry or handle cash. However, the bank credit cards are distinguished by the fact that they are not subject to the legal regulation specific to traditional means of payment. The national legislator has not addressed the regulation of these bank cards with special legislative texts. There is no specific legal system to which these cards are subject, but sometimes the Rules applied to money like the means of payment may apply to them, and sometimes these Rules may be subject to the general rules in the banking system or the general rules of Civil and Commercial Laws, and these reasons must be the one of the most important factors in their development, so these Rules are not subject to legal regulation, which leaves them in a state of stagnation. This makes it difficult to keep up with developments in the commercial environment. This has made them subject to banking custom when regulating them, such that they are governed by standard contracts concluded between the bank and its client. As a result of the development of credit cards as non-traditional means of payment, the contractual relationships are branching and involved all contractual matters, so each one has own legal system, which independent of other relationships arising from this type of electronic transactions. The bank issuing the credit cards is taking up two types of banking contracts: the first one is the contract with the bank card holder, and the second one is the contract with the merchant supplying the goods or service, besides the original contract which involves the merchant with the bank card holder, therefore, it is necessary for us to examine the legal system of each of these independent contractual relationships, and we will close up each one to the Recognized Civil Legal System when adapting them, and we will study the legal effects resulting from each of these different contracts, especially in the light of the absence of a special Legislative System governing this type of banking transactions.
Al-Athab, D. M. E. (2025). The contractual legal system of bank credit cards.. Journal of Legal and Economic Research, 15(92), 795-864. doi: 10.21608/mjle.2025.448175
MLA
Dr. Muhammad Eissa Al-Athab. "The contractual legal system of bank credit cards.", Journal of Legal and Economic Research, 15, 92, 2025, 795-864. doi: 10.21608/mjle.2025.448175
HARVARD
Al-Athab, D. M. E. (2025). 'The contractual legal system of bank credit cards.', Journal of Legal and Economic Research, 15(92), pp. 795-864. doi: 10.21608/mjle.2025.448175
VANCOUVER
Al-Athab, D. M. E. The contractual legal system of bank credit cards.. Journal of Legal and Economic Research, 2025; 15(92): 795-864. doi: 10.21608/mjle.2025.448175