La responsabilità della banca negoziatrice per errato pagamento di assegno di traenza non trasferibile

In the ruling in question, the Court of Rome addresses the issue of the responsibility of the bank negotiator in paying a check drawn on an incorrect beneficiary. In particular, the sentence considers the evaluation of guilt in the identification of the bearer as central, which originated from the mismatch between the presenter’s identity and the name of the bearer reported on the title. The contribution provides a comprehensive review of the jurisprudential and doctrinal debate on the interpretation of the second paragraph of the art. 43 of law on checks, analyzing the degree of diligence required of the banker and the reasons that led the Court to attribute exclusive responsibility to the negotiating bank.