By Charlotte GAUCHON
17 March 2025
Cheques continue to raise pertinent legal questions in terms of banking liability. The ruling handed down by the Commercial Chamber of the French Supreme Court on 5 March 2025 clarifies the scope of banks' duty of vigilance with regard to the detection of apparent anomalies on cheques. This decision deserves our attention because it clearly establishes the moment from which this obligation takes effect. The obligation to exercise due diligence is one of the pillars of banking law. Based on article 1231-1 of the French Civil Code, this obligation has been clarified by a large body of case law. Its scope and intensity vary according to the transactions concerned. In the area of means of payment, banks have a particular duty of care. This vigilance involves checking payment instruments for apparent anomalies and detecting fraudulent transactions. Customers expect a certain degree of...
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