Responsabilidade civil dos bancos no pagamento de cheque falso ou falsificado.

Abstract

Banks and other financial institutions have proved to be an element of fundamental importance for the development of the country. However, with the high technological level presented in recent times, the services provided by these entities must be carried out in the safest possible way to avoid the action of fraudsters who may jeopardize the legal relationships formed. Civil liability has the informing principle of imposing on those who cause harm to others, the duty to repair. But, with the advent of the Consumer Protection Code, the civil liability of banks started to have another connotation, adopting the theory of professional risk, due to the economic activity that is exploited. The objective of the present work is to show, albeit succinctly, how far the civil liability of the banks goes, regarding the improper payments of false or counterfeit checks, thus generating the duty to repair the losses suffered by their respective customers.