CONSIDERATIONS ON A RECENT INTERPRETATION OF THE OBLIGATION TO INFORM AND ADVISE THE BANK'S CLIENT

As we know in all legal systems, contracts generate rights and obligations. In the civil law system the obligations that the parties assume are joined to the obligations that appear under the law while in the common law system the parties usually have more autonomy in contract negotiation. Bank contracts recognized as a special category by the current Romanian Civil Code create legal mechanisms with specific features. In this framework we find pre-contractual and contractual obligations that are not generated by the effect of the law or the will of the parties. Although the obligation to inform and advise the bank's client is not imposed by law, it is recognized in the doctrine and in the sphere of banking usages. Romania's High Court of Justice recently issued a judgement which aimed to harmonize the judicial practice in this field. In short, it was noted that the value of these savings books has decreased as a result of the denomination of the national currency or that the purchasing power has decreased significantly as a result of the inflationary process. beyond the contractual and legal obligations arising from the conclusion of the deposit contract. In our opinion, this conclusion is not well founded, considering that the bank must inform and advise its client in order to choose the best investment path.