Italie : responsabilité de la banque qui a délivré un carnet de chèque à une personne non autorisée - RDE 07407
| Auteur | Legal News |
Le client d'une banque a été condamné pour émission de chèques sans provision, puis été reconnu non coupable et acquitté, car les chèques en question avait été émis par un prétendu homonyme, qui avait ouvert un compte courant dans la même banque en présentant un permis de conduire manifestement faux. Le client a assigné la banque en demandant des dommages-intérêts pour le préjudice subi, tant sur le plan patrimonial (paralysie de son activité d'entrepreneur) que sur le plan moral (incrimination injuste) du fait de l'activité dolosive de l'escroc, favorisée par la négligence grave de la banque.
La Cour de cassation considère que la banque est responsable, à titre extracontractuel, si son employé a omis les contrôles les plus élémentaires pour éviter le risque de délivrance d'un carnet de chèques à une...
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