Legal Analysis of Direct Debit as a Modern Payment Method

Articles in Press

Document Type : Original Article

Authors

1 Ph.D. in Private Law- Isfahan (Khorasgan) Branch- Islamic Azad University- Isfahan- Iran

2 Associate Professor of Department of Law, Faculty of Administrative Sciences and Economics, University of Isfahan, Isfahan, Iran

10.22133/mtlj.2024.394300.1200

Abstract

One of the components of economic prosperity is the existence of an up-to-date banking system that in addition to provide modern financial platforms performs well in providing common general banking services including various types of payments, In this regard, Direct Debit, which is considered a functional and modern way of debit transfer payment order, was analyzed legally in this article. Among the advantages of this bank payment method are its high reliability and flexibility in using in various business applications and transactions, as well as reducing costs and saving the time of the parties involved compared to traditional methods, such as issuing checks or paying by cards, in the related applications. All these advantages are due to the fact that this payment method is based on a contract between the account holder and the beneficiary which gives the latter the right to withdraw money from the account, to the extent the contract permits. As a rule, looking at nature of right, the contract must be generally irrevocable, however the parties may agree on termination clauses. One of the results of this research is that although the characteristics and effects of the mentioned contract are known in a relatively favorable way during the years of its global utilization, beside the existence of special regulations in some other countries, formulation of dynamic regulations compatible with this payment method seems necessary in the domestic banking system to make it work better and also to prevent probable related lawsuits among the parties involved.

Keywords

Main Subjects

ModernTechnologies Law

Articles in Press, Accepted Manuscript
Available Online from 11 March 2024

Files

History

  • Receive Date: 23 April 2023
  • Revise Date: 04 December 2023
  • Accept Date: 11 March 2024

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