Free Will of a Bank? Deliver or reject services to the consumer.
Free Will of a Bank?
Legal monopoly, competitive.
Free will of a bank to disburse or refuse to provide financial services to the consumer. Trade code.
In the publication of 17-05-2017 (Economic Fraud - Financial Services), the author highlighted the economic dole with deception caused by the denial of financial services demanded by the consumer to the banks. This article will look for the legal logic that would allow a bank free will to decide whether to provide or deny services to the applicant consumer. The issue is more generic than the rules that define the logic of financial services (they alone are not sufficient for a technical analysis on the above-written question). The trade code states that a trader whose business category is subject to a concession or an administrative authorization, therefore the right to exercise the business has a limit that the state removes with an administrative or concessional authorization is bound by the Logic of legal monopoly. Definition of monopoly and legal monopoly: monopoly is a form of market in which, unlike in competition, only one economic operator (seller) offers good to the community. The company operating in such conditions therefore dominates the market in relation to the good it produces. There is also a legal dimonopoly when the production of certain goods or services is carried out by the State or other public entity or by a private entrepreneur who has obtained an ad hoc concession or administrative authorization. Ad hoc: that it has initiated an administrative decision of a party for the granting of an administrative authorization.
Nothing changes, that is, who exercises an undertaking under statutory monopoly or a lawful monopoly of competition is obliged to bargain with anyone claiming the services that are the subject of the undertaking, they observe equal treatment. Some examples: the professional with professional qualification (engineers, architects, accountants, notaries, banks), grocery stores, pharmacies, operators communications services. It is interesting to note that a professional, engineer, physician, architect, accountant is a worker with specific state-owned professional requirements through an instructive course.
In this publication, the author is concerned with the obligation to bargain (and therefore dispense) the services or products the trader has with the requesting consumer, an obligation always assuming a reasonable dynamics (the consumer wants to pay, the consumer does not show that he has Money laundering, money laundering or other offenses). It should be noted that a trader who claims to sell products and services in the event of a refusal of supply to the consumer even though he is not obliged (who does not belong to the legal monopoly) is likely to commit any illicit misleading behavior; in the case of trade by means of contracts (eg agencies), the trader as the consumer has the legal right not to conclude the contract and hence it is unjustifiable to be unlawful in the event of negation by the merchant entrepreneur, the seller.
Using the legal logic and the legal definition of the legal monopoly, it is possible to define the obligation that a banking intermediary has to provide financial services requested by the consumer both for the contract and for the individual payment or money exchange transactions; Obligation unchanged even under competitive legal monopoly. In cases of bank denial, both administrative and criminal misdemeanors can be configured. Defined the legal obligation of the bank to provide financial services to the consumer, if bank activity is visibly qualifiable to the consumer's eyes as a bank (marketing for consumer), in the event of a denial of services the consumer's economic loss, even a few money, it is the subject of fraud where the actor is the banker and obviously the victim who asks for criminal action judicial is the consumer.
An interesting dominant logic for the topics covered in this publication and with reference to the publication of 01-04-2017 (Electronic Currency, Financial Services - Legislative Framework) is to analyze the obligation of the banker through the The Constitution of a Nation, in fact : If the State obliges a company to use banking services, if the consumer, the companies have the right to have legal interest only through banking services, how can the Constitution of a Nation be enforced by the obligation imposed by Is it at the same time not guaranteeing the delivery of services to consumers, to companies? If a bank for legal logic could refuse to provide financial services for which the citizen is obliged to use in financial transactions (payment transactions, legal interest gains, ...), then all banks could take advantage of the legal logic that allows the not refusal to provide financial services, therefore the obligation of the state could not be proposed for the same constitution of the state, towards the citizen.
In conclusion, the Code of Business Law excludes the free will for a bank to decide on the provision of financial services, it is obliged by the State and through the statutory disbursement, under the legality of the applicant.
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