ASSIS, F. B. P.; ASSIS, Francisca Befrania Pereira de.
Abstract:
This study analyzed the liability of financial institutions by the inadequacy of banking
contracts, for this is made a general study on liability, its fundamentals are exposed
essences, concepts and classification, theories that subjective and objective
justifying the matter, just from then is put the liability of financial undertakings, and
the attempt to render inapplicable the CDC will be some financial practices. It is seen
that the doctrine and jurisprudence, most agree that there is no way depart from the
banking application of the Code of Consumer Protection. Only a minority doctrine
argues that this Act can not be applied in certain banking activities. The current
minority says the CDC is inapplicable because the money is not the final product.
Is shown in this study four aspects of bank-client relationship, the abuses committed
by banks, enforcement of laws and institutions relevant to the subject and the object
of this study the liability of these institutions and repair the damage. Thus, we
concluded that the current majority is the total applicability of the Code of Consumer
Banking at the service, since it sets a clear relationship with the customer
consumption in the role of final consumer and the bank as a supplier, since it was
clear to characterize banking in its art. 3, § 2, as I said earlier, and therefore the law
must beapplied. The method used in this study was qualitative, and using
bibliographic references in case law and drew up the guidelines for final conclusion.