Abstract

Objectives: This study aims to clarify the civil liability of a bank employee from both legal and jurisprudential perspectives, and to explain the civil liability of the bank employee. It also aims to clarify who bears the responsibility. Methods: The study employs a descriptive, analytical, and comparative methodology by reviewing the relevant legislative texts in the respective laws. Results: The researcher found that banking legislations have shortcomings in distinguishing the civil liability of the employee from that of the bank. Some laws require proof of the bank employee's bad faith in committing the harmful act to establish civil liability. Additionally, the researcher did not find any judicial precedents in certain legislations that affirm the separate liability of the bank employee from the bank's liability. Conclusions: This study concludes that in order to align with the regulations governing banking operations in Sudan and Saudi Arabia, it is necessary to codify provisions that clearly delineate the extent to which a bank employee is liable for damages resulting from their wrongful actions, independent of the bank's liability. The researcher recommends that the Sudanese legislator, who has overlooked the provision regarding the liability of the bank employee, clearly separates the responsibility of the subordinate (the employee) from that of the superior (the bank) in a way that allows the employee to be directly sued, independent of the bank.