Commentary on Judgment No. 11016 of 2024: Current Account Credit Line and Proof by Facta Concludentia

The recent order No. 11016 of April 24, 2024, by the Court of Cassation offers an important reflection on the topic of current account credit lines and the need to prove the credit granted by the lender. In particular, the Court focuses on the method of proof that can be used in situations where the credit line was established before the entry into force of Article 3 of Law No. 154 of 1992.

Regulatory Context and Proof of Credit

According to the Court, in the case of a current account credit line, proof of credit can be provided through so-called proof by facta concludentia. However, it is essential that at least the amount granted to the account holder emerges. This is where a crucial aspect becomes evident: the mere tolerance of the bank regarding the customer's overdrafts is not sufficient to demonstrate the credit. This principle is of particular relevance, given that in many situations account holders may rely on the bank's non-contestation to justify overdrafts.

DEFINITION, CHARACTERISTICS, DISTINCTIONS - IN GENERAL Current account with credit line - Agreement prior to Article 3 of Law No. 154 of 1992 - Credit - Proof by facta concludentia - Admissibility - Limits - Demonstration of the amount granted to the customer - Necessity - Bank's tolerance of customer's overdrafts - Insufficiency.

Implications of the Judgment

The decision of the Court of Cassation has several practical implications. It clarifies that the bank's tolerance does not equate to a formal affirmation of credit, and customers must be aware of this aspect. Furthermore, the judgment emphasizes the importance of proper documentation and clear definition of agreements between the parties to avoid future disputes.

• Importance of documentation: account holders must have written proof of the credit line conditions.
• Awareness of rights: it is essential for customers to fully understand the terms of their contract with the bank.
• Risks of overdrafts: account holders must pay attention to overdrafts and their legal consequences.

Conclusions

In conclusion, judgment No. 11016 of 2024 represents an important clarification on the proof of credit in the case of current account credit lines, highlighting the limits of bank tolerance. Account holders must be proactive in documenting their agreements and understand that mere tolerance of overdrafts does not constitute proof of formal credit. Case law continues to evolve in this field, and financial institutions and customers must remain informed and prepared.