Clipping of news on Brazilian Culture, Law and Citizenship
09/27/2016
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fraudecheque 300 "Besides being uncontroversial the injury suffered by the appellee, is sure that the bank is responsible for the poor service provision regardless of fault." It was with this understanding that the 1st Civil Chamber of the Court of the Holy Spirit (TJES) remained at $ 59,000 compensation to a bank must pay the client after fraud checks.
The amount of compensation is related to the damage suffered by the applicant in action No. 0006624-39.2011.8.08.0048, published in the Journal of Justice on Monday (26).
Since 2006, according to the process information, the client began to notice abnormalities in your bank account, when, after the opening of a criminal case, found that fraudulent checks had been issued in his name.
To dismiss the appeal filed by the bank in which the appellee keeps account, the rapporteur of the chief judge process Janet Vargas Simões understood that, "I have to issue checks with fraudulent signatures of the holder and being the cartouches accepted by the financial institution without difficulty not reveals itself, unforeseeable circumstances or force majeure, nor features exclusive liability for exclusive fault of a third party or the consumer himself, "he said.
Also according to the decision of the magistrate, the appellant is responsible for analysis and verification of companies that validate the clearing of checks and must, therefore, adopt sufficient mechanisms to prevent any kind of fraud.
Source: TJES
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This article was translated by an automatic translation system, and was therefore not reviewed by people.