مبدأ السر المصرفي مابين القاعدة والإستثناء في التشريع الجزائري والمقارن.

Abstract

The banking secret in considered as a principle rule for banking transactions. It is regarded as morale and a religious duty that was enshrined in the Islamic law before being enriched as consecrated under the legal texts, It was adopted by various countries legislation to varying degrees according to the interests that are being pursued from behind its inclusion. Banking secret ensures mutual protection that encompasses both public and private interests’ protection. Consequently; Civil, criminal, and disciplinary liabilities arise out of the violation of this crucial principle without legal justification. Banking secret is viewed differently by dissimilar legislations. Some legislation regard it as an independent stand-alone system. They almost see the adoption of banking secrecy absolute because they do not exclusively open fields accept for specific cases of law; such as, Switzerland and Lebanon. Other legislations considered the system as a professional confidentiality so that its banking secrecy relatively recognizes many exceptions such is the French and Algerian legislations.