Responsabilidade civil das empresas financeiras por inadequação dos contratos bancários.

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.