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The category of “electronic money” can be defined from different points of view. Taking as reference the monograph on this subject done with great success the Professor of Commercial Law at the University of Alicante Carmen Pastor Sempere, we define the concept of “electronic money” on the one hand, from a legal standpoint, and secondly from a doctrinal point of view or scientific. But to a greater understanding of the idea behind this expression, it is necessary to define a set of concepts that are interrelated with the “electronic money” in the strict sense, and sometimes are confused by some authors because of its difficult conceptual delimitation. The realization of these concepts, we will expose precisely as we go on explaining what the “electronic money”.
Just one of the keys to the successful operation of the market, is in payment systems, because as in the recommendation, transactions by electronic payment instruments account for an increasing share of volume and value of domestic payments and trans. This leads to a second consideration, which is also brought to the Recommendation. It is that electronic commerce is a growing phenomenon whose importance is fundamental in order to create a common market and economic activity, especially taking into account the successes achieved in the realization of European economic and monetary union . As established in the Recommendation, the rapid technological progress and innovation that characterize the present moment are the breeding ground for the growth of various markets in which agents use electronic payment instruments.
In conclusion, we note that following the outline of the recommendation, there are two types of TEF on the basis of whether they are conducted within the framework of inter-bank relationships or whether, on the other hand are used for payment of personal consumption. In this sense, we can distinguish a broad concept of “electronic money” and a narrower concept of it, using the expression Rico Carrillo of “electronic cash”. Thus, in a broad sense we can consider “electronic money” as any TEF conducted through electronic means between the issuer of such transfer and the recipient-recipient thereof. In this broad concept of “electronic money”, we include several electronic payment systems, such as e-card, securities electronics, cash cards, stored in a computer memory, etc.. By contrast, in a strict sense of “electronic money”, we refer to “electronic cash”, on which we focus below.
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