The framework of bank liability for the risks inherent in the use of the homebanking system

Introduction: This article aims to provide a legal framework for using homebanking as a payment system, addressing the main risks of its use and how the bank can be held liable for the resulting damage to the banking customer. Methodology: The methodology used in this scientific article combines descriptive and explanatory approaches, using bibliographical review, documentary analysis and jurisprudential analysis as research methods. Results: In order to assess the risks of using the homebanking system and who will be responsible for the losses arising from this use, we will analyze some cases already dealt with in case law and identify the risks inherent in the use of this payment system. Discussion: Once the risks have been identified, we intend to discuss and compare the obligations to which the bank and the bank customer are bound and the grounds for their respective liability. Conclusions: The aim of this article is to define objective criteria that allow us to define the limits of each party's liability for using the home banking payment system.

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Publication Details

Journal
European Public & Social Innovation Review
Published
2025-02-12
DOI
https://doi.org/10.31637/epsir-2025-1448
Primary Topic
Banking Systems and Strategies
Type
article
Field-Weighted Citation Impact
0.00

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article

The framework of bank liability for the risks inherent in the use of the homebanking system

Maria Emília Teixeira, Maria Manuela Magalhães Silva
European Public & Social Innovation Review
Banking Systems and Strategies
article

The framework of bank liability for the risks inherent in the use of the homebanking system

Maria Emília Teixeira, Maria Manuela Magalhães Silva
article en

Abstract

Introduction: This article aims to provide a legal framework for using homebanking as a payment system, addressing the main risks of its use and how the bank can be held liable for the resulting damage to the banking customer. Methodology: The methodology used in this scientific article combines descriptive and explanatory approaches, using bibliographical review, documentary analysis and jurisprudential analysis as research methods. Results: In order to assess the risks of using the homebanking system and who will be responsible for the losses arising from this use, we will analyze some cases already dealt with in case law and identify the risks inherent in the use of this payment system. Discussion: Once the risks have been identified, we intend to discuss and compare the obligations to which the bank and the bank customer are bound and the grounds for their respective liability. Conclusions: The aim of this article is to define objective criteria that allow us to define the limits of each party's liability for using the home banking payment system.

European Public & Social Innovation ReviewVol. 10
Universidade Portucalense (PT)
Fundação para a Ciência e a Tecnologia
Openalex Percentile: Top 97%
Banking Systems and Strategies
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