Τραπεζικές καταθέσεις -- Δίκαιο και νομοθεσία -- Ελλάδα Τραπεζικό δίκαιο -- Ελλάδα Τραπεζικό δίκαιο -- Ευρωπαϊκή Ένωση, Χώρες της Bank deposits -- Law and legislation -- Greece Banking law -- Greece Banking law -- European Union countries
Ημερομηνία Έκδοσης:
2012
Εκδότης:
Πάντειο Πανεπιστήμιο Κοινωνικών και Πολιτικών Επιστημών
Abstract:
Attachment of bank accounts is a measure of compulsory enforcement. In order to take place the attachment, the creditor must serve on the bank the notification of article 983 of Civil Procedure Code. Subsequently, the debtor’s bank becomes the third party and the debtor’s payment entitlement is seizured. Before Law 2915/2001 (article 24), the plenary of the Superior Court had reached to several decisions that rejected the possibility to seizure bank accounts due to the banks’ obligation to secrecy. According to article 24 of the above Law, the bank’s obligation to secrecy is removed towards the creditor who has the right to impose seizure on the debtor’s property; the bank’s obligation for secrecy is removed only to the extent of the amount needed for the satisfaction of the creditor, meaning that the attachment of bank accounts is permitted. The broad formulation of the above article covers all types of bank accounts, such as savings accounts, current accounts, joint accounts etc. This paper examines several types of bank accounts that can be seized in cases of attachment of bank accounts. As far as the seizure of salary claims which are deposited in a bank account, article 982 par. 3 of Civil Procedure Code defines that their immunity from seizure is in force, since the deposited amount does not overcome one salary and its undertaking is fulfilled at least the day after its deposit. Moreover, the paper analyzes the procedure followed for the creditor’s satisfaction including: the deposit on behalf of the bank, the amount that was frozen for his satisfaction and whereas the creditor must challenge the extradition of a juridical permission for the deposit’s undertaking. In addition, the main legal effects of the valid imposition of the seizure of a bank account are the freezing of the attached claim and the bank’s obligation to the declaration of article 985 of Civil Procedure Code. The bank’s inaccurate or negative declaration can be challenged by the opposition of article 986 of Code of Civil Procedure, however at the same time this is the main reason for the bank’s responsibility to pay down the statutory by the article 985 par. 3 of Civil Procedure Code compensation. Additionally, special topics are approached, such as the attachment of bank accounts by public entities, the validation with the law 3946/2011 of the Cooperation Agreement between the European Community and its member states on the one part and the Swiss Confederation, on the other part, to combat any illegal activity to the detriment of their financial interests and the proposal for a Regulation of the European Parliament and of the Council “Creating a European Account Preservation Order to facilitate cross-border debt recovery in civil and commercial matters”.
Περιγραφή:
Διπλωματική εργασία - Πάντειο Πανεπιστήμιο. Γενικό Τμήμα Δικαίου, ΠΜΣ "Δίκαιο και Ευρωπαϊκή Ενοποίηση", κατεύθυνση Ιδιωτικό Δίκαιο, 2012
