عقد نقل النقود في قانوني التجارة العماني واليمني
(المفهوم – الطبيعة القانونية – الالتزامات) – دراسة مقارنة
The transfer of money finds its basis in the commercial codification of countries, as they regulate it within the contract for the transport of goods or things. This was stipulated in the Omani Trade Law in Article (169) and also stipulated in the Yemeni Commercial Law in Article (177). Due to the specificity of the place of transport represented by money, it is often fraught with disputes more than other transportable things, and due to the importance of this specificity, the Omani Trade Law and the Yemeni Commercial Law did not regulate this contract as an independent contract with its own provisions due to its practical importance in the field of transport via regular means of transport. Or transfer it via electronic means. All the special provisions stipulated in these two laws are reduced to only one article related to the responsibility of the money carrier, so that the rest of the legal provisions related to the transport of goods or things apply to him. The transfer of money differs depending on the means through which the money is transferred, and for this reason it is important to clarify the purpose of the transfer of money and its legal nature, and whether it is consistent with the nature of its transfer through financial institutions, with the aim of measuring it in the rest of the provisions, especially those related to the obligations incurred by the sender and the carrier.
Keywords: Transfer, Transfer, Money, Obligations.
Mashehor Mohammed Ahmed AL-DUAIS, PhD student, Faculty of Sharia and Law, Sana’a University – YEMEN