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Document Type : RESEARCH
Abstract
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.
References
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Seconed : Research Papers
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Third: Theses
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Fourth: Laws & Instructions
- Iraqi Civil Law Number 40 for 1951
- UAE Civil Law for Civil Transaction Issued by Federal Law number 5 for 1985 and Amended by Federal Law number 1 for 1987.
- Jordanian Civil Law number 43 for 1976.
- Bahraini Civil Law numbered 19 for 2001.
- Lebanese contract Law issued on the ninth of March,1932.
- Iraqi Anti Money Laundry and Terrorism Funding Law number (39) for 2015.
- UAE Federal Decree Law numbered 20 for 2018 related to combating Money Laundry Crimes, Funding Terrorism , and Funding Illegal Organization
- Jordanian Law numbered 46 for 2007 to Combat Money Laundry and its Amendments.
- Lebanese law for Anti Money Laundry and Terrorism Funds number 4 4 dated on the 24th of November ,2015.
- Bahraini Law Numbered 4 For the Year 2001 to Combat Money Laundry.
- Regulatory Inspection for Banks and financial Institutions related to Anti Money Laundry and funding Terrorism dated on the 91th of September ,2016 issued from the Iraqi Central Bank.
- Instructions number (1) for 2017 Related to Regulatory Rules for Customary Care at the Financial Institute issued by Iraq Central Bank.
- Minsters Council decision numbered (7) for 2001 regarding the Executive list of the Federal decree numbered 920) for 2018 to combat money Laundry and funding terrorism acts and funding illegal organizations – Ministry of Finance.
- Jordanian Instruction to Combat Money Laundry and Terrorism funding for Small Company Enterprises numbered 8 for 2020.
- Ministerial Decision numbered (7) for 2001 regarding commitment of financial institute with Combating Money Laundry at Bahrain.
Fifth: Agreements and International Conventions
- Unified Regulations and Standards for Documentary Credits bulletin number 600 for 2007 issued by Paris Commercial Trade Unit.
- Recommendation of Financial Teams (FATF) on International Standards to Combat Money Laundry, Terrorism Funding, and Weapons. - June 2019.
- Vienna Convention (1988) Against Illegal Drug Trade and Psychotropic Substances.
Sixth: Electronic Resource
- LUBNA KABOUSH , Bank Civil Responsibility when Credits is not Compatible with Contract Interest , theses for Master Diploma in Private Law , Fifth Mohammed University , Social , Legal ,and Economic science studies , Al- Ribaat,2008/2009, page 70, available on the following page :
https://abdelghafour19.blogspot.com/2019/02/blog-post_25.html> last visited on (20-12-2020).