Die zivilrechtliche Haftungsverteilung bei der fehlenden Zustimmung des Zahlers im elektronischen Zahlungsverkehr

The global digitization and increasing number of electronic payments have brought along the issues of electronic payment instrument misuse. Therefore, an appropriate mechanism for the legal regulation of allocation of liability between parties is of great significance for the modern economy. This paper addresses the legal regulation of distribution of liability in German and Russian law, focusing on cases where a payment is carried out without the consent of the payer. In addition to a comparative legal analysis, this paper also undertakes an economic examination of the legal frameworks in the jurisdictions under study. Methodologically, the functional comparative approach is adopted, with German law serving as the foundational basis. The author observes that German law presents a more coherent doctrinal framework for allocation of liability in cases of unauthorized payments. Remarkably, notwithstanding regulatory gaps in Russian law, economically effective solutions are evident.