ПЛАТЕЖНАТА ТРАНЗАКЦИЯ В ЕВРОПЕЙСКОТО И В РИМСКОТО ПРАВО
PAYMENT TRANSACTION IN EU AND ROMAN LAW

Summary/Abstract: This article examines the legal treatment of payment transactions in EU and Roman law. Payment transactions under EU law are arranged by Directive (EU) 2015/2366 (Payment Services Directive II) adopted in 2015. Payment transactions include placing, transferring or withdrawal of funds, irrespective of any underlying obligations between the payer and the payee. Depending on the involvement of cash two major group of transactions can be distinguished - cash and cashless transactions. Cashless transactions also form two subgroups - credit transfer and direct debit. According to PSD II credit transfer is a payment service for crediting a payee's payment account with a payment transaction or a series of payment transactions from a payer's payment account by the payment service provider which holds the payer's payment account, based on an instruction given by the payer. The direct debit differs from the credit transfer. Direct debit is a payment service for debiting a payer's payment account, where a payment transaction is initiated by the payee on the basis of the consent given by the payer to the payee, to the payee's payment service provider or to the payer's own payment service provider. Many forms of credit transfers can be found in Roman law as permutaio, diagraphe and syngraphae (or sungraphae). It seems that direct debit was not known as transaction in Roman times. A conclusion is reached that payment transactions are strongly depended on the economy and its development. Contemporary economy needs more payment transaction options and this may explain the development of direct debit transactions.

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