Responsabilidade civil dos bancos por cheques devolvidos por insuficiência de fundos de seus clientes em prejuízo de terceiros

• Autor(a) principal: Rigo, Aristeu
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5886
• topic: Banco; Cheques sem fundos; Responsabilidade civil

ABSTRACT Objective: To analyze the banks' civil liability in the case of checks returned from their clients due to insufficient funds that might harm third parties. Method: The deductive method was used; as to the level, exploratory research; regarding the approach, qualitative research; as far as data collection procedures are concerned, bibliographical and documentary research. Results: Synthesize chapters 2 and 3 in four lines. Exchange law is guided by principles, such as, carriage, autonomy and literality. They are exchange institutes: withdrawal, endorsement, endorsement and acceptance, maturity, payment, protest and enforcement action. The check is a credit, in which the issuer (puncher), gives an order to the financial institution, where it maintains current account (withdrawn), for payment in cash of a certain amount to the holder of the cartouche. Conclusion: It was verified that it is possible to apply the bill of lading to banks for the return of checks without funds of their clients, and must indemnify the third holder of the check, due to vice in the rendering of the service, according to the provisions of the Code of Consumer Protection, responding objectively, regardless of guilt, since he has the power to know who he is hiring. However, there is divergence in doctrine and jurisprudence on the subject. Keywords: Bank. Checks without funds. Civil responsability.