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Bank Collections and Payment Transactions
A Comparative Legal Analysis
Benjamin Geva
624 pages
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234x156mm
978-0-19-829853-3
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Hardback
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28 June 2001
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This item is printed to order. Items which are printed to order are normally despatched and charged within 5-10 days.
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- Written by one of the leading scholars in the field of banking law
- Covers both paper-based and electronic payments.
- Broad comparative coverage including the position in the US, UK, Japan, and other key jurisdictions
- Detailed coverage of clearing and settlements including large-value transfer systems
- Major section on third party fraud
This is a study of the law governing the bank-customer relationship pertaining to the disposition of funds by cheques and credit transfers, covering both paper-based and electronic payments. The work addresses, with various degrees of detail, common law, civilian, and `mixed' jurisdictions, particularly, Australia, Canada, England, France, Germany, Israel, Italy, Japan, South Africa, Switzerland and the United States. In addition to the description of the law in these jurisdictions, the book contains an in-depth analysis of the common issues and the responses to them, in light of desired policies. Accordingly, an evaluation of the various rules and proposals for reform are integral
parts of the study.
The book is divided into four parts. Part I is an overview of the various legal systems and fundamentals in banking and payment law, in an overall historical context. Part II deals with the banking relationship, within which collections and payments occur. It highlights the customer contract, the deposit transaction, the mandate authorizing bank collections and payments, and the debt resulting from entries to the current account. Part III covers the performance of the mandate. It discusses extensively laws governing the payment and collection of cheques and credit transfers, in the context of actual clearing and settlement mechanisms, particularly large-value transfer systems in developed countries. Part IV is on payment systems misuse through
fraud, either in the initiation payments or in misdirecting them. It discusses cheque forgery, unauthorized electronic funds transfers, forged cheques indorsements, and misdirected funds transfers.
A unique feature of the work is the integration of a cohesive analytic perspective, both doctrinal and policy-oriented, into a comparative descriptive framework. The book searches for a universal `law merchant' transcending the boundaries of the various legal systems. It is aimed at the banking and payment law specialist and student as well as to the general comparative lawyer. Its focus on both present law and reform makes it useful to both the academic and practising lawyer.
Readership:
Scholars and practitioners working in banking law and finance law, worldwide; comparative lawyers
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Benjamin Geva, Professor of Law, Osgoode Hall Law School of York University, Toronto, Canada
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"The comparative monograph is clearly aimed at banking law specialists, and would be of great use to academic researchers and lawyers specialising in this area" - European Library, No.8168/496
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I. INTRODUCTION
1: Legal Systems, Sources of Law, Banks and Customers, Collection and Payment Transactions
II. THE BANKING RELATIONSHIP
2: The Account Agreement
3: The Deposit of Funds
4: Management of Customers' Payments: Mandate, Agency and Implied Terms
5: The Current Account
III. THE PERFORMANCE OF THE MANDATE
6: Orders for the Disposition of Funds
7: Payment and Collection of Cheques
8: Credit Transfers
9: The Disposition of Funds Held in Non-Depository Account Holding Institutions
IV. THIRD PARTY'S FRAUD: BREACH OF THE MANDATE AND MISDELIVERY OF FUNDS
10: Introduction
11: Allocation of Forged Cheques Losses
12: Unauthorized Electronic Funds Transfers
13: Forged Indorsements
14: Misdirected Credit Transfers
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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