Abstract

PADILLA SANCHEZ, Jorge Alberto  and  SIERRA, Málory Zafra. Liability of Banking Institutions for the Payment of Forged or Altered Checks in Colombia. Rev. Derecho Privado [online]. 2017, n.32, pp.383-420. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n32.13.

We face a trend to turn liability of financial institutions to strict liability for breach of their contractual obligations, trend that has been extended by the Colombian judicial activity to situations that do not have legal grounds, under the pretext of protecting the financial consumer as a subject of special protection by the law. Perhaps one of the most emblematic cases of this trend is the responsibility of banking institutions for payment of counterfeit or adulterated checks, which does have a legal mandate that allows distinguish it from the general system of responsibility of such entities.

Keywords : Forged-check payment; financial consumer; banking institutions' liability; professional liability.

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