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Title: Cross-border monetary transfers within the European Union
Author: Stjernberg, Mathilda Cecilia
ISNI:       0000 0001 3486 063X
Awarding Body: University of Aberdeen
Current Institution: University of Aberdeen
Date of Award: 2006
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This dissertation examines the ctnTent legislative process behind cross-border transfers within the EU. The analysis is done through an examination of the rights of the payer as a third party in relation to the many payment providers that participate in an international transfer. The discussion focuses on both international movements in developing unified commercial rules as well as the current process within the EU ofestablishing consumer rights. The method use~ in this dissertation is to analyse the liability that follows a delayed international payment. The answer lar&eIy depends on the applicable legal system, and the analysis therefore aims to establish the international and European rules that are available to the parties, and how the options are legally constructed. Parts of the method of analysis also focus on Common Law and the special situation that arises regarding third party rights and liability in tort according to this legal system. The methods are also applied to the use of exemption clauses in contracts between banks and their custOmers, and the ctnTent movement in consumer rights in this area The existing payment systems in Europe and international messenger organisations are similarly analysed based on both their participation in formulating parts ofthe legal agenda as well as their practical and legal importance when effecting payments. In fully assessing the legal situation stnTounding the area, the methods of analysis deal with the ongoing harmonisation process of payment systems within the EU, as well as the international process of harmonising this legal field. These two aspects take different forms since the EU perspective mainly focuses on making payments within the EU as efficient as possible and therefore focus on establishing consumer rights within the area, while international efforts strive to establish commercial rules between the parties. The methods ofresearch are also applied to the future situation regarding cross-border payments within and outside the EU. The dissertation concludes with the thesis that while the existing legal framework on payments within the EU provides a good start for harmonisation in the area of liability for delays, a continuous growth of cross-border payments calls out for an internationally unified law. The unification of rules on payments that has started within the EU can easily spread to other economic regions and thus result in a better international legal system for payments. The participation of market actors in the harmonisation process, such as banks and other payment service providers, is crucial for the outcome ofsuch a project.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available