Closing accounts at the bank's initiative is not abusive, sa

Financial institutions are not obliged to maintain service provision contracts with their account holders in the event of a lack of commercial interest. With this understanding, the 14th Chamber of Private Law of the Court of Justice of São Paulo denied a request for compensation for moral damages and reactivation of a banking relationship made by a customer who had his accounts closed on the bank's initiative.



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Reproduction Closing accounts on the bank's initiative is not abusive, says TJ-SP

The client, a law firm, had a Portugal Mobile Number List commercial relationship with the banking institution when it was notified about the closure of accounts and financial investments. The statement explained the bank's lack of commercial interest and informed about the measures to be taken in relation to the availability of balances and deadlines for transferring amounts.



Because of this, the office claimed to have been unable to pay bills and salaries. For the rapporteur of the appeal, judge Carlos Abrão, the termination of the banking relationship on the initiative of the institution cannot be considered an abusive practice, “especially if we consider the express contractual provision and the prior notifications sent to the plaintiff”.



He stated that the unilateral termination of the commercial relationship is provided for in article 473 of the Civil Code and in Bacen Resolution 2,025. In the case at hand, Abrão said that the bank followed the communication sent to the client and also gave sufficient time to transfer the resources to other institutions.







According to the magistrate, it was the office that remained "inert, thus not being able to hold the defendant responsible for any delays in payments, the lack of receipt of remuneration related to his investments or the need for alternative procedures for transferring balances". The decision was unanimous.