المسؤولية المدنية للبنك عند فتح و تشغيل الحساب البنكي في القانون المغربي و المقارن

Abstract EN

This study aims to identify the civil liability that a bank may be exposed to either before opening or operating a bank account in the event of a breach of certain obligations.

With regard to the pre-contractual phase, the bank must take note of all information of interest to the customer wishing to contract with him, which varies according to the case of the natural or moral person’s customer, which enables him to study the application to open the account in the best way without being abusive.

With regard to the operating phase of the account, the Bank must respect all requirements of interest to this stage, often relating to verification of the signature and directing the statement of account to the customer within the prescribed period, in addition to complying with the legal procedures for not registering any new transaction after booking the bank account balance, under the risk of civil liability of the bank in the event of a breach.