Introduction 1

Abstract

European banking law is a broad subject. European banking regulation has received some attention, but little has been written about the European private law of banking transactions. One aspect of the latter is the law governing the banker–customer relationship. Rooted in contract, the relationship is overlaid with a range of rights and obligations having their derivation in tort (delict), notions of equity and good faith, and statute. Central to the banker–customer relationship in all European jurisdictions is contract. The banker–customer relationship is rarely reduced to the one document, however, but instead comprises a variety of written forms, supplemented by terms implied by law. Typically, a standard form contract will govern specific aspects of the banker–customer relationship, whether it be the general account, electronic funds transfers or security. Banks in many countries adhere to one or more interbank agreements which have implications for the banker–customer relationship.