scholarly journals Commentary on digital evidence and electronic signature of a consumer credit contract in France

2014 ◽  
Vol 11 (0) ◽  
Author(s):  
Eric A. Caprioli
Keyword(s):  
Consumer Credit ◽  
Digital Evidence ◽  
Electronic Signature ◽  
Credit Contract

scholarly journals Uprawnienia kredytobiorcy zaciągającego kredyt denominowany lub indeksowany do waluty innej niż polska w świetle ustawy antyspreadowej

Ekonomia ◽  
2018 ◽  
Vol 24 (1) ◽  
pp. 39-56
Author(s):  
Magdalena Paleczna ◽  
Edyta Rutkowska-Tomaszewska
Keyword(s):  
Exchange Rate ◽  
Foreign Exchange ◽  
Foreign Currency ◽  
Consumer Credit ◽  
Competitive Position ◽  
Credit Facility ◽  
Currency Exchange ◽  
Currency Exchange Rate ◽  
Credit Law ◽  
Credit Contract

Rights of the borrower committing denominated or indexed loan in a foreign currency in light of the Anti-spread ActIn 2004–2008 banks offered consumer denominated loan in a foreign currency, which was a competitive position in relation to a PLN credit facility. Banks had not informed about foreign exchange differences, therefore had caused increase in household indebtedness. Banks also had reserved that consumer has to buy currency only from the bank-lender. In 2011 the Anti-spread Act was adopted, which amended banking law and consumer credit law. Creditors were obligated to inform consumer about rules of determining the manners and dates of fixing the currency exchange rate on the basis of which in particular the amount of credit, its tranches and principal and interest instalments are calculated, and the rules of converting into the currency of credit disbursement or repayment. That information and information about the rules of opening and operating the account shall be concluded in a credit contract. Borrower can repay principal and interest instalments and prepay the full or partial amount of the loan directly in that currency.

scholarly journals Specific Features Of The Consumer Credit Contract Enforcement

2015 ◽  
Vol 21 (2) ◽  
pp. 460-466
Author(s):  
Livia Mocanu
Keyword(s):  
Legal System ◽  
Consumer Credit ◽  
Contract Enforcement ◽  
Private Law ◽  
European Legislation ◽  
Goods And Services ◽  
Legal Mechanism ◽  
Credit Contract

Abstract Consumers' demands for purchasing goods and services, which are more and more complex and different, have been and are insured, in the absence of the necessary or sufficient amounts of money, by means of credits granted for consumption; the field in question is generically named “consumer credit. This financial-legal mechanism which is widely spread and useful contains the consumer credit contract as key element, which has some specific features for private law, both in terms of its constitution and enforcement. Given its relatively recent existence within the Romanian legal system, the present work aims to carry out an analysis of the main rules governing the enforcement of the consumer credit contract, in the context of the national and European legislation.

French legal framework of digital evidence

2015 ◽  
Vol 25 (1) ◽  
pp. 96-106
Author(s):  
Antoine Meissonnier ◽  
Françoise Banat-Berger
Keyword(s):  
Design Methodology ◽  
Legal Framework ◽  
Digital Evidence ◽  
Archival Studies ◽  
French Law ◽  
Content Type ◽  
Electronic Signature ◽  
Probative Value ◽  
Systems Security ◽  
Legal Texts

Purpose – The purpose of this article is to describe the development of the French legal framework of digital evidence. The ongoing transformations of information in an electronic environment reconsidered fixity and stability of writing. The society needed to construct a new way for guaranteeing records’ authenticity and integrity, considering the necessity of conserving record’s probative value through time. That is the reason why France has published different legal texts since 2000 for establishing some rules. Design/methodology/approach – The article is mainly focused on acts and decrees which constitute this legal framework. It resumes content of the main texts and highlights the great evolutions of French legal framework of digital evidence. Findings – The article showcases two main approaches for guaranteeing records probative value in French Law: one is based on information systems security, and the other is based on electronic signature. Both approaches can be complementary. Their principles are not so different as far as the conclusions of InterPARES work. Originality/value – This work makes a link between French Law studies and academic archival studies. It showcases the development of principles guaranteeing records’ authenticity and integrity with many quotations from French legal texts.

Revamping Consumer-Credit Contract Law

1982 ◽  
Vol 68 (7) ◽  
pp. 1333
Author(s):  
Jeffrey Davis
Keyword(s):  
Consumer Credit ◽  
Contract Law ◽  
Credit Contract

scholarly journals The Statutory Right to Seek a Credit Contract Variation on the Grounds of Hardship: A History and Analysis

2016 ◽  
Vol 44 (1) ◽  
pp. 77-109 ◽  
Author(s):  
Paul Ali ◽  
Evgenia Bourova ◽  
Ian Ramsay
Keyword(s):  
Consumer Credit ◽  
Financial Hardship ◽  
Enforcement Action ◽  
Regulatory Approach ◽  
History Of ◽  
Vulnerable Consumers ◽  
The Right ◽  
Credit Law ◽  
Comprehensive History ◽  
Credit Contract

In this article, we focus on one of the most important statutory protections for Australian consumers in financial hardship: the right to seek a variation of a credit contract contained in s 72 of the National Credit Code. We provide a comprehensive history of this right, which has been part of Australian consumer credit law since the 1970s. Over the years, it has evolved from a very limited right to seek an extension of time to pay a debt on grounds of illness and unemployment, to a broader provision that requires credit providers to comply with a prescribed process before they can commence enforcement action against a consumer who has sought a variation to their payment arrangements. We also undertake an analysis of the evolution of this right to demonstrate that despite improved understandings of the causes of financial hardship, it continues to envisage a middle-class subject with a strong awareness of their rights, and excludes some particularly vulnerable consumers. This right is also representative of a regulatory approach that envisages a limited role for consumer credit law, and does not sufficiently address the imbalance of bargaining power between the consumer and the credit provider. We argue for the imposition of an obligation to provide a minimum range of hardship assistance directly upon credit providers, as a means of addressing this imbalance and ensuring more meaningful protection for consumers in financial hardship.

The History of Consumer Credit

2000 ◽  
Author(s):  
Rosa-Maria Gelpi ◽  
François Julien-Labruyère
Keyword(s):  
Consumer Credit ◽  
History Of

Forensic Analysis of Artifacts of Giant Instant Messaging “WhatsApp” in Android Smartphone

2018 ◽  
Vol 5 (2) ◽  
pp. 73-83
Author(s):  
Hussein Abed Ghannam
Keyword(s):  
Instant Messaging ◽  
Smart Phone ◽  
Forensic Analysis ◽  
Digital Evidence ◽  
Terror Attack ◽  
Left Behind ◽  
Digital Crime ◽  
Internal Storage ◽  
Network Forensic ◽  
Electronic Crime

WhatsApp is a giant mobile instant message IM application with over 1billion users. The huge usage of IM like WhatsApp through giant smart phone “Android” makes the digital forensic researchers to study deeply. The artefacts left behind in the smartphone play very important role in any electronic crime, or any terror attack. “WhatsApp” as a biggest IM in the globe is considered to be very important resource for information gathering about any digital crime. Recently, end-to-end encryption and many other important features were added and no device forensic analysis or network forensic analysis studies have been performed to the time of writing this paper. This paper explains how can we able to extract the Crypt Key of “WhatsApp” to decrypt the databases and extract precious artefacts resides in the android system without rooting the device. Artefacts that extracted from the last version of WhatsApp have been analysed and correlate to give new valuable evidentiary traces that help in investigating. Many hardware and software tools for mobile and forensics are used to collect as much digital evidence as possible from persistent storage on android device. Some of these tools are commercial like UFED Cellebrite and Andriller, and other are open source tools such as autopsy, adb, WhatCrypt. All of these tools that forensically sound accompanied this research to discover a lot of artefacts resides in android internal storage in WhatsApp application.

Digital Chain of Custody

2017 ◽  
Vol 7 (7) ◽  
pp. 117
Author(s):  
Matthew N.O. Sadiku ◽  
Adebowale E. Shadare ◽  
Sarhan M. Musa
Keyword(s):  
Digital Evidence ◽  
Chain Of Custody ◽  
Digital Investigation ◽  
A Chain ◽  
Admissible Evidence ◽  
Investigation Process

Digital chain of custody is the record of preservation of digital evidence from collection to presentation in the court of law. This is an essential part of digital investigation process.  Its key objective is to ensure that the digital evidence presented to the court remains as originally collected, without tampering. The chain of custody is important for admissible evidence in court. Without a chain of custody, the opposing attorney can challenge or dismiss the evidence presented. The aim of this paper is to provide a brief introduction to the concept of digital chain custody.

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