The Legal Philosophy of Misuse and Abuses of Credit Cards by the Customer

Abstract

This research deals with the misuse and abuses of credit cards by the customer. The most important misuses approaches are using this card to get more money than it is allowed. The other is to use the card for services and purchasing goods without enough balance – whether the customer knows or not about the limited balance. The last approach related to using the card after invalidation. It is observed that there is a lack of legal punitive deterrent to the Arab legislations, particularly, the Jordanian and the Egyptian. The current legal texts in these legislations are not sufficient to provide the necessary protection against the crimes such as theft, fraud, and abuse of the card. This research investigates the legal philosophy related to the jurisprudence and judicial rulings to find out the correct legal qualification of such abuse. We observed that most of the previous mentioned client’s actions do not apply for any legal description of any criminal offense, but they are considered as a breach of a contractual obligation between the client and the bank. The most important findings address the legislative deficiencies related to the abuses and actions of the client cardholder that still exist among the Arab legislattions