The article examines the impact that recent European Union (EU) legislation on payment systems has on domestic rules on payments in general. Given that the Payment Services Directive (PSD), for example, only regulates the payment service contract for the transfer of funds, without considering the underlying debt, the paper tries to assess whether, in the absence of a direct harmonization of national provisions on performance, discharge, and breach of a payment obligation, there is room for an indirect and gradual convergence in commercial practice and in judicial interpretation.
Vardi, N. (2015). The Indirect Effects on Domestic Law of the European Legislation on Payment Systems. EUROPEAN REVIEW OF PRIVATE LAW, 23(6), 945-958.
The Indirect Effects on Domestic Law of the European Legislation on Payment Systems
VARDI, NOAH
2015-01-01
Abstract
The article examines the impact that recent European Union (EU) legislation on payment systems has on domestic rules on payments in general. Given that the Payment Services Directive (PSD), for example, only regulates the payment service contract for the transfer of funds, without considering the underlying debt, the paper tries to assess whether, in the absence of a direct harmonization of national provisions on performance, discharge, and breach of a payment obligation, there is room for an indirect and gradual convergence in commercial practice and in judicial interpretation.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
