مسؤولية البنك في حالة الإفلاس الزبون

Abstract

Banks occupy a privileged position in the credit market, and this position is supported by its own financial and substantial artistic capacities which are not available for other. This situation had mad these banks very capable in satisfying the different credit need for commercial projects. And If the need for bank credit faces businesses in a recovery state the satisfaction of this need become A matter of life or death when there were crisis's signs which can shake the financial balance of the project . And when the bank intervention to help these projects is a good thing, because it has a lot of positive effects on the national economy as whole, but there is a negative reflection on the bank itself which is the legal responsibility in case the bank takes a bad credit decision that worsen the financial situation of the customer which makes him stop paying and then declares his bankruptcy. The bank can't provide a credit )credit opening( before chuck up the dealer's financial status, investigate a bout his reputation and efficiency, and finally make sure that the opened credit is appropriate with its interests. As a result, the bank positive decision will be greatly considered as a singe about the dealer's strong position and good reputation. this factor is very important because it assures the other traders and customers to deal with this dealer, so that he may continue his activities, but it is not always the case, may be he failes although he has a credit either because his crisis is too complex to be solved by any credit or because the mismanagement of the dealer himself. In this case, the bank can be responsible a bout the fake existence of the dealer's project as a result of his false credit intervention. But more than that , the possibility of the bank questionnaire a bout its false credit intervention doesn't stop in accredit opening but it goes beyond to lock-based adoption. If the Bank withdrew the given facilities to its customer under a credit contract, this may lead to the suspension of the latter to pay his owed debts, as a result the customer will be forced to declare his insolvency. As well as, the bank can be liable in case of bank repay of customer if it refuses to open a bank's initial credit based on a request form the customer where the bank has no previous relation and this customer was in bad financial situation whish pushed him to ask the assistance of the bank. Hence , the research about the bank's liability in case of a customer's bank repay will become the most important subject, because it allows each injured decision to credit the irrational possibility of prosecuting the bank for its failure in the performance of fiduciary duties, and there is a demand for reparations by paying adequate compensation.So we tried through this research area of responsibility of the bank statement in the case of bankruptcy of the customer from determining the basis of this responsibility and to show its images, up to determine the effects of their establishment. Perhaps the most important result we have to confirm their authenticity, is that bank credit is a double-edged sword, it may be a source of prosperity and progress, and may be the cause of the collapse and economic crisis.