Bank account

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  • Depositing funds in a bank: understanding the legal issues

    By Charlotte GAUCHON
    The 29 March 2025
    Money deposited in a bank account is subject to legal rules that are often little understood. However, this common relationship between banker and customer conceals complex mechanisms that can affect your rights in the event of a dispute. What is a bank deposit? A bank deposit is a transaction whereby a person gives a sum of money to their bank, which undertakes to return it in accordance with the agreed terms. Although simple on the face of it, this transaction raises fundamental legal issues. According to the French Monetary and Financial Code, it is a form of "receipt of repayable funds from the public" (article L.312-2). The bank becomes indebted to its customer for a sum equivalent to that deposited, a mechanism that is essential for understanding the bank account, the central pivot of all financial transactions. The legal nature of bank deposits: a hybrid status The legal classification of bank deposits divides legal experts. There are three opposing conceptions: The irregular deposit: the banker has the...
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