Document Type : Scientific research

Authors

1 Professor, Economic Law dept, Faculty of Law and Political Sciences, Allameh Tabataba'i University, Tehran, Iran

2 Alameh Tabatabaei

3 Ph.D Student in Private Law, Allameh Tabataba;i University

4 Professor, Private Law dept, Faculty of Law, Qom University, Qom, Iran

10.22067/economlaw.2023.81198.1253

Abstract

Payment systems are the most essential part of any country's economic and monetary infrastructure, and their performance is vital to the rapid and effective settlement of transactions as well as the safe transfer of funds across the economy. This system also improves efficiency and economic system stability in the national and international levels. The report of the core principles of systemically important payment systems of the International Committee on Payment and Settlement Systems (CPSS) of the Bank for International Settlements (BIS), known as the "CPSS" document includes ten legal and economic principles governing the processes of payment systems.

This document is now strongly reflected in international law and economic systems, and it has been used and developed in a wide range of fields, including payment systems, central bank strategies, and supervisory policies in various countries around the world. This research, for the first time, provides the necessary foundation for applying, adapting, and evaluating all types of payment systems in Iran within the framework of these principles by introducing and briefly explaining these principles, as well as their legal and economic aspects. In this way, we can see the advancement and development of internal payment systems following the most recent international payment law standards and norms.

Keywords

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    References

    • Alexander, K. (2009). Global Financial Standard Setting, The G10 Committees, and International Economic Law, 34 BROOK. J. Int'l L, 861-879, 2008-2009.
    • BCBS,B. (2006). Enhancing corporate governance in banking organisations. 1-30
    • Bech, M. L., & Hancock, J. (2020). Innovations in payments. BIS Quarterly Review, March.
    • Benson, C. C., Loftesness, S., & Jones, R. (2017). Payments Systems in the US A Guide for the Payments Professional.
    • Biagio, B., & Massimo, C. (2001). The Oversight of the Payments Systems: A Framework for theDevelopment and Governance of Payment Systems in Emerging Economies. World Bank Report.
    • CPSS,B. (2000). Core of Principles for systemically Important Payment Systems. Part 1.1-18
    • CPSS, B. (2001). Core of Principles for systemically Important Payment Systems. Part 2.1-98
    • CPSS, B. (2003). A glossary of terms used in payments and settlement systems. A glossary of terms used in payments and settlement systems https://www. bis. Org.
    • CPSS,B. (2005). General guidance for payment system development. 1-74
    • CPSS, B. (2005). Central Bank Oversight of Payment and Settlement Systems. 1-61
    • CPSS,B. (2006). General Guidance for National Payment System Development.,1-79
    • CPSS & IOSCO, (2001) Recommendations for Securities Settlement Systems. 1-55
    • Dadgar, (2010). Main Dimenssions of Law & Economics.Tarbiat Modares University Press. (In Persian).
    • Darijani, Mitra, Delir, Hamid, & Ahmadi Mousavi, Seyed Mehdi. (2019). Pathology of the principle of transparency in the field of Iranian criminal legislation and its relationship with good governance. Iranian Political Sociology Monthly, 3(1), 173-208. (In Persian).
    • De Caux, R., Brede, M., & McGroarty, F. (2016). Payment prioritisation and liquidity risk in collateralised interbank payment systems. Journal of International Financial Markets, Institutions and Money, 41, 139-150.
    • Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (Text with EEA relevance)
    • Giovanoli, M. (1993). Bargeld-Buchgeld-Zentralbankgeld: Einheit oder Vielfalt im Geldbegriff? /Banken und Bankrecht im Wandel: Festschrift für Beat Kleiner.
    • Hakimi, N. (2010). New payment infrastructure and electronic settlement, A platform to increase the effectiveness, efficiency and speed of monetary exchanges in the country. Economic News, 8(127), 68-77. (In Persian).
    • Haldane, A. G., & Saporta, V. (Eds.). (2008). The future of payment systems (p.31). Routledge.
    • Heinrich, G. (2003). CPSS Core Principles for Payment Systems. 691-722.
    • Humphrey, D. B. (1995). Payment systems: principles, practice, and improvements (Vol. 23). World Bank Publications.
    • International Monetary Fund (IMF). (1999). Code of good practices on transparency in monetary and financial policies.
    • Kelman, M. C. A., & Chissick, M. (1999). Electronic commerce law and practice. SWeet & MaxWel.
    • Khoshbin, R, Rezaei, F & Rastgar, M. A. (2022) liquidity risk management in new interbank payment systems. Journal of Investment Knowledge. (4) 11. 2-8. (In Persian).
    • Kokkola, T. (Ed.). (2010). The Payment System. Payments, securities and derivatives, and the role of the Euro system. European Central Bank.
    • Ledingham, P., Rodgers, A., & Stinson, A. (2000). Recent developments in the payment system. Reserve Bank of New Zealand Bulletin, 63(4), 4-11.
    • Madhoshi, M, Zali, M. R & Rauf Amani, M. (2005). Evaluating the characteristics of electronic payment systems from the perspective of Iranian users. Journal of Humanities and Social Sciences. (19) 5. 73-80. (In Persian).
    • Maggs, G. E. (1997). New Payment Devices and General Principles of Payment Law’. Notre Dame Law Review, 72, 753.
    • Naderan, E & Sharifzadeh, M.R. (2010). Exchange costs, assumed rules and regulations on contracts in Islam, an introduction to the economic analysis of contract rights in Islam", two specialized quarterly journals of Islamic economic studies, 1(4). 5- 30. (In Persian).
    • Nakajima, M. (2011). Payment system technologies and functions: innovations and developments. IGI Global.
    • Posner, R. A. (1983). The economics of justice. Harvard University Press.
    • Rahmatzade, S. Abdipour Fard, E & Delshad Ma’aref, E. (2022) The Effect of Conflict of Bankruptcy’s Laws on Proper Functioning of Payment Systems, Comparative Law Researches Quarterly. ( 25).3.49-81. (In Persian).
    • Rambure, D., & Nacamuli, A. (2008). Payment Systems: From the Salt Mines to the Board Room.
    • Russo, D. (Ed.). (2021). Payments and market infrastructure two decades after the start of the European Central Bank. European Central Bank.
    • Salim Khani, F. (2016).Providing some basic security solutions in banking and payment systems. Simayebankdari. (2) 6, 17-19. (In Persian).
    • Schmitz, S. W., & Wood, G. E. (2007). Institutional change in the payments system and monetary policy–an introduction. In Institutional Change in the Payments System and Monetary Policy (pp. 13-42). Routledge.
    • Shahchera, M. (2010) The core principles of payments system in Iran. Economic News, (134) 9. 197-199 (In Persian).
    • Summers, B. J. (Ed.). (2012). Payment systems: design, governance and oversight. Central Banking Publications.
    • Turban, E., King, D., Lee, J., & Viehland, D. (2004). Electronic Commerce: a managerial perspective 2004. Pearson Education.
    • Zhang, J., He, L., & An, Y. (2020). Measuring banks’ liquidity risk: An option-pricing approach. Journal of Banking & Finance, 111, 105703.

     

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