Comparative Law Researches

Comparative Law Researches

Review of Legal Aspects of Banking Order Payment Performance

Authors
1 1- Assistant Professor of Private Law, Qom University, Qom, Iran
2 2- Ph.D. student, Department of Private Law ,Qom University, Qom, Iran
Abstract
Fund transfer through banking system is a common device to fulfill the contractual obligations. This process usually starts with the debtor`s order and finishes with intercession of several banks when the fund is deposited to the creditor´s account. The process of fund transfer has several important aspects legally such as the method of performing the process and its obstacles, and the bank´s deadline for exercising the payment order; however, determining the exact time that the process is finished has significant importance because in that time, the obligated will be discharged and his/her purpose of starting this process will be reached. According to the UNCITRAL model law on international credit transfers [1992], when the beneficiary bank accepts the payment order, the process will finish, and the issuer will be discharged. Based on the current banking law that beneficiary´s bank is responsible for fund transfer to the beneficiary´s account, this idea seems acceptable in Iran.




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