Order No. 17415 of 2024: Bank Liability and Indication of IBAN Code

The liability of banks in cases of erroneous operations, such as payments made via bank transfer, is a highly relevant topic in banking law. Order No. 17415 issued on June 25, 2024, by the Court of Cassation, provides important clarifications on this aspect, particularly regarding the obligation of banks to ensure the accuracy of the operations requested by their clients.

The Regulatory and Jurisprudential Context

The order fits within a well-defined regulatory context, in which the responsibilities of banks are outlined by the Civil Code. In particular, Articles 1218, 1173, and 1176 establish that banks are required to operate with the necessary diligence, according to the principles of correctness and good faith. These principles are fundamental to ensuring the safety of banking operations, especially when using electronic instruments.

In this specific case, the problem arose due to an incorrect indication of the IBAN code by the client. The Court clarified that if the beneficiary does not receive the payment due to such an error, the bank has the burden of proving that it executed the operation correctly. This principle is based on the theory of qualified social contact, which recognizes the bank's responsibility to ensure the proper execution of operations.

The Maxim of the Ruling

NOTIONS, CHARACTERISTICS, DISTINCTIONS - OBLIGATIONS OF THE BANK Operations carried out via electronic instruments - Payment by bank transfer - Incorrect indication of the IBAN code - Bank liability from qualified social contact - Nature - Exonerating evidence - Content. In the context of banking operations carried out via electronic instruments, the bank's liability in the case of payment by bank transfer, to be executed in favor of a beneficiary without a credit account at the intermediary institution, observes the discipline of common law, so that, if the beneficiary remains unsatisfied due to the inaccurate indication of the IBAN code, the burden lies with the intermediary, responsible under the theory of qualified social contact, to demonstrate that it has performed the payment operation requested by the payer, adopting all necessary precautions to avoid the risk of incorrect identification or, at the very least, to have made efforts to allow the ordering party to identify the subject actually benefited, even communicating, where necessary, the relevant personal or corporate data.

The Practical Implications of the Decision

This decision has several practical implications for clients and banks. Firstly, it underscores the importance of providing a correct IBAN code and conducting checks before proceeding with a bank transfer. On the other hand, banks must implement stricter procedures to ensure that payments are executed securely. This includes:

  • Cross-checking the data provided by clients.
  • Clear and transparent communications regarding the operations carried out.
  • Continuous training of staff to minimize the risk of errors.

Conclusions

In conclusion, Order No. 17415 of 2024 represents an important step in defining bank liabilities in the case of errors in payments. The clear distinction of the burden of proof and the emphasis on the diligence required of banks are elements that can contribute to greater safety in banking operations. It is essential that both clients and banks understand these dynamics to avoid future disputes and ensure a more effective management of financial transactions.

Bianucci Law Firm