Abstract

The French law on the banker-customer relationship is one of contract. It has some effect on most of the topics under study, namely: the basic banker-er relationship, confidentiality, consumer protection and security. It is mostly dealt with through every type of contract agreed upon by the parties: current account, credit and loan, safe custody, collection of cheques etc. However, it is true that the banker-customer relationship is strongly influenced by the control of the state over the banks. The value of a bank statement was discussed in France in the mid 1970s, and quickly settled by a clear solution given by the Cour de cassation: silence of the customer at reception of a monthly statement showing payment of interest is a valid acceptance of that payment. Confidentiality and conflict of interest are the topics under discussion in France. The bulk of legal solutions in banker-customer relationships arise out of the action of lawyers, namely legal authors and the courts.

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