The bank's tort fault about money laundering in the documentary credit process - Comparative Study

Banking fault are represented by the framework of a tort liability, which occurs when a bank breaches duty assigned to it based on laws and professional standards.  And when it is related to a professional activity, every profession has standards that have to be taken into consideration. And if the...

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Main Authors: Dyaree ِAl Asady, Azad Salih
Format: Article
Language:Arabic
Published: University of Mosul College of Law 2023-06-01
Series:الرافدین للحقوق
Subjects:
Online Access:https://alaw.mosuljournals.com/article_178656_72e66258798cac1024ec478059cd35fc.pdf
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author Dyaree ِAl Asady
Azad Salih
author_facet Dyaree ِAl Asady
Azad Salih
author_sort Dyaree ِAl Asady
collection DOAJ
description Banking fault are represented by the framework of a tort liability, which occurs when a bank breaches duty assigned to it based on laws and professional standards.  And when it is related to a professional activity, every profession has standards that have to be taken into consideration. And if the responsible party could not implement its duties with caution, then the responsible party can cause harm to their customers. In return, customers have the right to be reimbursed only when they can prove the liability of the bank for the harm and the causal relationship between the bank and the customer. When fault attributed to the bank as a result of the civil responsibility on its personal actions or negligence of its employees or other mediating banks, the bank has a commitment to not breach its legal duty. And bank commitment can be in the form of taking caution to not harm their customers, or it takes the form of the special duty imposed by the legislator on the bank and its employees to combat money laundering.
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spelling doaj.art-736b2749dfc142c3b7fdb80ecbe626422023-06-02T08:33:45ZaraUniversity of Mosul College of Lawالرافدین للحقوق1819-17462664-27782023-06-012583419610.33899/alaw.2021.129708.1137178656The bank's tort fault about money laundering in the documentary credit process - Comparative StudyDyaree ِAl Asady0Azad Salih1HawlerCollege of Law\ University of SalahaddinBanking fault are represented by the framework of a tort liability, which occurs when a bank breaches duty assigned to it based on laws and professional standards.  And when it is related to a professional activity, every profession has standards that have to be taken into consideration. And if the responsible party could not implement its duties with caution, then the responsible party can cause harm to their customers. In return, customers have the right to be reimbursed only when they can prove the liability of the bank for the harm and the causal relationship between the bank and the customer. When fault attributed to the bank as a result of the civil responsibility on its personal actions or negligence of its employees or other mediating banks, the bank has a commitment to not breach its legal duty. And bank commitment can be in the form of taking caution to not harm their customers, or it takes the form of the special duty imposed by the legislator on the bank and its employees to combat money laundering.https://alaw.mosuljournals.com/article_178656_72e66258798cac1024ec478059cd35fc.pdfkey words: documentary credit,,,،,؛money laundering,,,،,؛professional duties of the bank,,,،,؛cases of bank's negligence fault
spellingShingle Dyaree ِAl Asady
Azad Salih
The bank's tort fault about money laundering in the documentary credit process - Comparative Study
الرافدین للحقوق
key words: documentary credit,,
,،,؛money laundering,,
,،,؛professional duties of the bank,,
,،,؛cases of bank's negligence fault
title The bank's tort fault about money laundering in the documentary credit process - Comparative Study
title_full The bank's tort fault about money laundering in the documentary credit process - Comparative Study
title_fullStr The bank's tort fault about money laundering in the documentary credit process - Comparative Study
title_full_unstemmed The bank's tort fault about money laundering in the documentary credit process - Comparative Study
title_short The bank's tort fault about money laundering in the documentary credit process - Comparative Study
title_sort bank s tort fault about money laundering in the documentary credit process comparative study
topic key words: documentary credit,,
,،,؛money laundering,,
,،,؛professional duties of the bank,,
,،,؛cases of bank's negligence fault
url https://alaw.mosuljournals.com/article_178656_72e66258798cac1024ec478059cd35fc.pdf
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