الطبيعة القانونية لبطاقة الإئتمان

Abstract

The credit card is considered a modern method of payment, which emerged as a result of the scientific and technological progress the world is witnessing at all levels. It appeared as an alternative to traditional payment methods, shifting towards electronic means. It is a flexible and easy way to complete commercial transactions, which led to its widespread use in many countries around the world. The cardholder obtains this card from the issuing authority according to legal systems and controls, which leads to the emergence of intertwined relationships. The card issuer is obligated to fulfill all the debts owed by the cardholder to the merchant or supplier within the permitted credit limit. The use of a credit card creates a three-party relationship: the relationship between the card issuing authority and the cardholder, the relationship between the issuing authority and the merchant, and finally, the relationship between the merchant and the cardholder. This has led to multiple views and disagreements among jurists and researchers, and a lack of agreement on a single legal characterization. In its nature, it combines some traditional legal rules in guarantees, loans, debt assignments, etc. It is also characterized by a special legal nature that distinguishes it from other traditional contracts, despite the jurists' attempts to place it within these contracts.