International Electronic Funds Allocated To The Risk Of Liability Of Legal Research

International great electronic funds transfer is the main payment way in the international payment. Furthmore , it is the foundation of the electronic commercial payment in the future. Get along with all the other electronic founct ion, many kinds of special and commonly risks which is likely to bring on loss exist in international great electronic funds transfer. How to foresee the liabilities to take on such risks is the hot issue people participating in international great electronic funds transfer concern about. Whereas, aimed at the unexplored legal field of electronic funds transfer at home, this thesis , based on an analysis of the present situation as well as the development while learning from the provision of the relating legislation, try to sum up the principle about the burden of the risks in the field of International great electronic funds transfer and analyze the particular system, hope to be some useful for the practice and the further lawmaking in this field at home.This thesis departs four parts to discuss the burden of the risks in the international great electronic funds transfer.The first part is centered around the summarization of the international great electronic funds transfer. It goes on to a description of the basic legal characteristics and relationship involved in this field , also ,instructs the main systems in the world as well as the national and international regulations of law in the international great electronic funds transfer.According to the 'different factors "of the risk in the ' international great electronic funds transfer , the second part discusses the main four risks in it that is the credit risk, manipulation risk, market risk and legal risk as well as the causation , the representaion, and the likely aftereffect about it.The third part dissertates the dilemma of the risk burden in the international great electronic funds transfer and the ultimate value orientation, that is fair and equilibrium . It is deemed in this field the basic mode of risk burden is the. binding contract mode and the complimentary mode of it is liability determined by the law. While expounding the rationale of the presumed liability principle , this part also presents a concrete fault evaluating criteria and analyzes the cases where concrete liabilities stem from.Reference to the regulations of Uniform Commercial Code Article 4A, UNCITRAL Model Law on International Credit Transfers and Directive97/EC of the European Parliament and of the Council of 27 January 1997 on cross-border credit transfers, the fourthly part analyzes three cases where concrete liabilities stem from as well as the resulting consequences , mode and range of risks burden—the burden of liabilities in case of unable payment of the bank , falsity and fraud on the base of the presumed liability principle.