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The main barriers of the development of the non-cash payment instrument are the fraud and counterfeiting. With the rapid development of e-payment, the legal protection is necessary for all customers, bankers, sellers, and card issuers. Considering the rigid statute will restrict the rapid development of the technology, and the competition between the banking businesses, a “two-tier” approach that restricts statute law to a few key issues common to e-payment, reserving for standards of best practice those more detailed issues that bear on specific systems or technologies, should help to preserve flexibility.
REFERENCE:
Lorne D Crerar, ‘The law of Banking in Scotland’ Butterworths Edinburgh 1997
‘Banking Service: Law and Practice: Report by the review committee’ Great Britain. Review Committee of Banking Service Law. Chairman R.B.Jack London H.M.S.O
Holden, J. Milnes ‘The History of Negotiable Instruments in English Law’ London: Athlone Press, 1955
Paget John Sir ‘Paget''s Law of banking’ 1996. (Edition 11th Ed By Mark Hapgood) London : Butterworths, 1996
E.P.Ellinger, Eva Lomnicka, and Richard Hooley ‘Modern Banking Law’ (3rd Ed Oxford University Press)
Dudley Richardson ‘Guide to Negotiable Instruments and the Bills of Exchange Acts’ 6th Ed. London Butterworths 1980
Jonathan Fisher ‘Bank and Customer Relations: Fraud’ in Journal of International Banking Law 1986, 1(1)
‘In Brief - Payment Market Briefing 2002’ available from APACS website http://www.apacs.org.uk/downloads/inbrief2002.pdf
‘Preventing fraud and counterfeiting of non-cash means of payment’ available from http://europa.eu.int/comm/internal_market/en/finances/payment/fraud/fraudprevent/prevfraud_en.pdf
【注释】 The History of Moneyhttp://www.pbs.org/wgbh/nova/moolah/history.html
‘Preventing fraud and counterfeiting of non-cash means of payment’ from EUROPEAN COMMISSION website http://europa.eu.int/comm/internal_market/en/finances/payment/fraud/fraudprevent/prevfraud_en.pdf
Holden, J. Milnes ‘The History of Negotiable Instruments in English Law’ London : Athlone Press, 1955. p307
Source available online http://www.apacs.org.uk/
Bills of Exchange Act 1882 s73
Lorne D Crerar, ‘The law of Banking in Scotland’ (Butterworths Edinburgh 1997) p195
Mark Hapgood Qc ‘Paget’s Law of Banking’ 11th Ed London, Edinburgh & Dublin 1996 p342
2 Lloyd’s Rep. 187
A.C. 51 (HL)
] 3 WLR 317
Jonathan Fisher ‘Bank and Customer Relations: Fraud’ in Journal of International Banking Law 1986, 1(1), 47
Jack Committee Report p50
Dudley Richardson ‘Guide to Negotiable Instruments and the Bills of Exchange Acts’ 6th Ed(London Butterworths 1980) p126
ibid p179
Lorne D Crerar, ‘The law of Banking in Scotland’ (Butterworths Edinburgh 1997) p215
‘Banking Service: Law and Practice: Report by the review committee’ Great Britain. Review Committee of Banking Service Law. Chairman R.B.Jack London H.M.S.O p51
‘In Brief 2002 Payment Marketing Brief’ p12 available from APACS website www.apacs.org.uk p2
‘Plastic Cards in UK’ www.apacs.org.uk/about_apacs/htm_files/plastic2.htm
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