Insights on Banking Law: Articles, Cases, and Updates
Welcome to our curated selection of articles, cases, and updates on banking law. Stay informed and up to date with the latest legal insights and developments in the banking sector.
The Criminal Court of Cassation on Compensation for Judicial Error: Ruling No. 36209 of 2024
Analysis of the ruling of the Court of Cassation addressing the issue of compensation for judicial error and wrongful detention, highlighting the responsibilities of bank administrators and the implications for the credit system.
Judgment No. 16669 of 14/06/2024: Confession and Unfavorable Facts in Civil Law
Let's analyze ruling no. 16669 of 2024 from the Court of Cassation, which clarifies the limits of judicial confession, particularly regarding the definition of unfavorable fact and its applicability in obligatory relations.
The contractual right of retention in ruling no. 16487 of 2024: meanings and legal implications.
Let's analyze the recent ruling of the Court of Cassation that clarifies the concept of contractual right of retention, its limitations, and the differences compared to a pledge. A useful in-depth analysis for both industry professionals and private individuals.
Analysis of Judgment No. 21344 of 30/07/2024: the prohibition of compound interest in banking contracts.
The recent ruling of the Court of Cassation clarifies important aspects regarding the prohibition of usury in banking contracts, establishing that the prohibition is applicable regardless of the resolution of the CICR. Let’s explore the meaning of this important decision.
Order No. 21105 of 2024: Clarifications on the Liability of Banking Intermediaries in Wire Transfers.
This ruling clarifies the boundaries of the liability of banking intermediaries in the case of transfers executed with an incorrect IBAN, highlighting the importance of proper use of this code to avoid payment mishaps.
Commentary on Judgment No. 18454 of 2024: Implications of Credit Securitization
The ruling of the Court of Cassation of July 5, 2024 provides important clarifications on the nature of the receivables subject to securitization and on the impossibility for the assigned debtor to raise counterclaims against the securitization company.
Banking Contracts and Written Form: Commentary on Ordinance No. 18230 of 2024
Order No. 18230 of 2024 clarifies the requirement of written form in bank contracts, excluding the need for document delivery. Let’s explore the legal implications of this decision together.
Judgment No. 16602 of 2024: Burden of Proof in the Interim Balance of Banking Transactions.
Let’s analyze ruling no. 16602 of 14/06/2024, which highlights the importance of the burden of proof for the account holder when requesting an interim balance in current accounts, clarifying responsibilities and distinctions in the banking sector.
Commentary on Order No. 16445 of 2024 regarding the Conclusion of Credit Opening Contracts.
Let’s analyze Order No. 16445 of 2024 from the Court of Cassation, which provides important clarifications on the conclusion of credit opening contracts prior to Law No. 154 of 1992. We will explore the legal implications and the admissible modes of proof.
Analysis of Judgment No. 16800 of 2022: Crime of Obstruction to the Exercise of Supervisory Functions.
The ruling no. 16800 of 2022 by the Court of Cassation emphasizes the importance of transparency in the information provided to supervisory bodies and clarifies the responsibilities related to the failure to communicate crucial data.