Kollisionsrechtliche Probleme grenzüberschreitender Überweisungen

A cross-border credit transfer regularly consists of a chain of giro relationships, which extends from the originator via one or more banks to the beneficiary. If the transfer is not properly executed, the question of restitution of the transfer amount and compensation for any consequential damage arises. In determining the law applicable to these issues, conflict-of-law rules traditionally follow a segment-related approach. Jaroslav Cejka deals specifically with the question of whether this approach should be maintained in international credit transfer law or whether the factual context of the individual giro relationships requires the application of one single legal system to the entire credit transfer operation.