التكييف القانوني لعقد التاجر في إطار البطاقة الإئتمانية

Abstract

A credit card is a type of magnetic plastic card issued by banks, it shares with other cards such as (Cash card, Debit car) as it enables its holder the function of withdrawing money from his accounts and balances deposited with the bank or other banks on the one hand, and then Like other cards, it is subject to the conclusion of banking contracts such as the joining contract, electronic transfer and current accounts, but it is distinguished from all cards by the characteristics of purchase and credit. The card holder is authorized to use the card in shops for the purpose of purchasing the goods and services he needs, and the merchant contract is established between the card issuer (the bank) and the merchant. The contract is one of the contracts developed within the corridors of banking systems in this era, and has become permeated in practical reality in a striking way in Iraq and the Kurdistan Region, but it is striking that the Iraqi legislator, despite his attempt to keep pace with developments in the digital technology system, did not organize this contract and therefore left its legal description of the labyrinths Jurisprudence, and accordingly, this research dealt with trying to give a proper legal description of this contract by presenting, analyzing and evaluating the opinions of the jurisprudents and the theories that were put forward in this regard. In the end, the researcher reached several results, the most important of which is that this contract does not come out of being an indefinite contract and has its own nature that differs from all systems approaching it, even if it shares some provisions with them. Also, there should a strong legal base to close the doors of all these doctrinal labyrinths that have been put forward to such contracts.