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A Theoretical Analysis of Payment Systems


Ali Khan


Washburn University /Legal Scholar Academy

September 22, 2008

South Carolina Law Review, Vol. 60, No. 2, 2008

Abstract:     
For over two hundred years, financial institutions have been providing payment services to transfer monies from accountholders to merchants and other payees. The market however is constantly searching for more efficient and reliable devices for institutional money transfers. Credit card and other electronic payments are, accordingly, capturing a big share of payment services over which negotiable instruments have long exercised a comfortable monopoly. This Article offers a coherent theoretical model to conceptually unify payment services delivered through old and new payment devices. The model derived from the assorted payment systems currently in use argues that the payment law must adhere to a set of fundamental principles. In analyzing these principles, the Article first establishes that payment services actually follow, though not consistently, the proposed theoretical model. It then proposes a number of legislative reforms to eliminate discordance among diverse payment systems, to allocate liability for violations of principles, and to assure a more efficient delivery of payment services. The proposed model also guides lawyers and judges in resolving payment disputes in accordance with the principles.

Number of Pages in PDF File: 66

Keywords: credit cards, debit cards, TILA, negotiable instruments, wrongful dishonor, negligence, authorization of payments

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Date posted: September 24, 2008 ; Last revised: February 27, 2009

Suggested Citation

Khan, Ali, A Theoretical Analysis of Payment Systems (September 22, 2008). South Carolina Law Review, Vol. 60, No. 2, 2008. Available at SSRN: http://ssrn.com/abstract=1272274

Contact Information

Ali Khan (Contact Author)
Washburn University /Legal Scholar Academy ( email )
Topeka, KS 66610
United States
7856701671 (Phone)
HOME PAGE: http://www.legalscholar.org
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