CIVIL LIABILITY OF BANKS IN THE GRANTING OF CREDIT TO THIRD PARTIES

Abstract

The objective of this paper is to examine the civil liability of banks in the granting of credit to companies that later become insolvent, in relation to third parties. The study adopts a bibliographic and case law research method, analyzing specialized legal scholarship, applicable legislation, and comparative foreign experiences, in order to assess the requirements of civil liability, whether subjective or objective, in the context of banking activities.The central purpose is to evaluate to what extent the lawful activity of granting credit—essential to economic development and encouraged by the State—may give rise to a duty to compensate third parties, especially creditors of insolvent companies, when banks act abusively, violate regulatory duties, or when a causal link is established between the granting of credit and the deterioration of the debtor’s financial situation. It is concluded that the objective liability of banks is neither legally nor economically supported, and that liability may only arise on a subjective basis in exceptional circumstances, provided that fault, causation, and damage are demonstrated. Therefore, banks may only be held liable toward third parties when it is proven that they acted with awareness of the potential harm to creditors, or when credit was granted without proper diligence, resulting in negative economic impacts on the collectivity.