It is said that in ancient customs of Champagne Fair, the foreign merchant was in custody at a cambiavalute, deposited, money led to operate payments obligations fair. These deposits are transcribed in a divided account merchant in a debt and credit by cambiavalute.
Then, with the passage of time , this practice is combined with the system of double entry (debit and credit), which arises in the year 1494, by Fra Luca Pacioli creation.
Since then the books of accounts become important against the documentation that issued the bankers, so that becomes effective the old aphorism “quod non est in libris non est in mundo”, being an important element as evidence of such operations business. So right from the start banking purely Italian origin.
But the bank account merchant as an institution originates from the principles developed by Pardessus, who in his Course of Commercial Law in 1814 introduced this institution.
1. Legal Nature
The nature legal contract bank account merchant does not have unanimous opinion on doctrine, since, based on the types their notes, some doctrine, has given more breadth than another.
The Italian doctrine understood that the bank account is a simple accessory clause certain contracts bank; credit and deposit opening, which does not change its essence.
We can say that the bank account merchant contract whereby a person deposited in a bank cash amounts that can be withdrawn at any time by checking , while the bank uses these quantities in their other banking.
The bank account is governed by the Commercial Code , in Book II, Title 12, Chap. 2 without giving a concept or definition of it.
Mike Peter jurist defines the contract of bank account merchant as, ” a contract by which future legal relations discipline, emerging plural relations, with special reference to the bank, in the limits of their relationship entrepreneur, performed for and on behalf of the customer “.
But unlike our code , the Code of Commerce of France giving a concept of bank account merchant states: “The bank account is a contract by which a bank receives from a particular person deposit money cash or grants a loan , to turn against it, may have the funds at any time through checks provided by the bank, or by allowing that entity to make debits the account from other banking operations “.
This conceptualization, we believe the most comprehensive and applicable, take into account all type elements and essential for this type of contract is the service box, the possibility of deposits made since the sums remain to the order of the depositor and can have them at any time by issuing checks drawn on the bank; or that the account merchant holder authorizes the bank to make debits from your account.
The bank account merchant contract, understood to be autonomous, bilateral, consensual, costly and normally continued execution.
1. It is autonomous, is a combination of benefits that the bank makes on behalf and in interest of the client, for instance, the cash service provided by the bank integrated into the elements of the mandate and the reservoir.
2. It is bilateral because it engenders obligations for both parties, continuing or successive performance.
3. It is consensual as it originates by the will of the parties; being status of “empowerment”, the provision of funds or authorization to turn uncovered.
4. It is expensive, since banks typically charge interest and expenses for the efforts or interests discovered.
5. It is nominated or typical as it is expressly regulated in the Commercial Code in the arts. 791-797 Cod. Commerce.