Sur les transferts interbancaires par télétransmission aux États Unis. Pour une réglementation des nouveaux moyens de paiement par télétransmission

Abstract

Although it constitutes one of the most important means of interbank transfers in the United States, payment orders by wire tranfers have not been the subject of legislation or regulatory promulgations in said country. Infact, the three large private Systems which handle most of wire transfers have done no more than to promulgate rules which limit their own liability. Within a short time, however, it became clear that such rules, even when supplemented by contractual provisions, could notmake upfor the absence of a legal context which specifies the rights and obligations of the parties to such operations. A Commission, composed of representatives of banks, attorneys and law professors, has undertaken the task of filling this legal void by preparing a draft « Uniform Code of New Means of Payment ». In this article, the author, the reporter of the aforementioned Commission, analyses the principal points of the draft which will certainly hâve an impact on tranfers made by, between or through French financial establishment.