Bank Cheque Without Funds: Analysis of Order No. 22850 of 2024

In the context of banking law, Order No. 22850 of August 14, 2024, issued by the Court of Cassation, proves to be of great importance for the regulation of bank cheques. This ruling offers significant clarification on the evidentiary requirements necessary to avoid administrative sanctions in cases of issuing cheques without sufficient funds. This is a topic that profoundly affects financial dynamics and the responsibilities of cheque issuers.

The Principle of Documentary Proof

The Court establishes that, in the event of issuing a bank cheque without sufficient funds, proof of payment must be provided within sixty days from the expiry of the cheque's presentation period. The ruling emphasizes that such proof does not admit equivalents and must be provided with absolute certainty. This requirement serves to prevent possible fraud and ensure the correctness of transactions.

Generally. Regarding the issuance of a bank cheque without funds, proof of payment within sixty days from the expiry of the cheque's presentation period, which leads to the inapplicability of the relevant administrative sanction, does not admit equivalents and, in order to avoid fraudulent agreements concerning the paper obligation, requires certainty of the payment date, with compliance with said period representing a condition for the exemption from liability to operate; therefore, such proof must be provided to the public official responsible for reporting the matter exclusively in the forms provided for by art. 8 of Law No. 386 of 1990, namely, through a receipt with the authenticated signature of the holder, or with an attestation from the credit institution where a blocked deposit of the amount due was made.

Methods of Proof According to the Law

Article 8 of Law No. 386 of 1990 clearly establishes how proof of payment must be provided. This provision outlines two methods:

• A receipt with the authenticated signature of the cheque holder;
• An attestation from the credit institution that has made a blocked deposit of the amount due.

It is essential to adhere to these methods to avoid the application of administrative sanctions provided for in cases of bounced cheques. The Court, also referencing Article 2697 of the Civil Code, highlights that the responsibility for providing proof rests with the issuer of the cheque.

Conclusions

In summary, Order No. 22850 of 2024 offers important clarification regarding the issuance of bank cheques without sufficient funds. The necessity of strictly adhering to the methods of proof to avoid sanctions is a crucial aspect for those operating in the financial sector. It is therefore fundamental for operators and citizens to be aware of these obligations to ensure the security of transactions and prevent potential legal issues.