JOINT AND SEVERAL LIABILITY OF JOINT BANK ACCOUNT HOLDERS TOWARDS THE FINANCIAL INSTITUTION AND THIRD PARTIES: A TEACHING CASE

Abstract

The article presents a teaching case aimed at analyzing active and passive joint and several liability within the scope of civil obligations, with particular emphasis on the legal relationships arising from a joint and several bank account maintained with a financial institution. The narrative describes a problem scenario involving the judicial garnishment of funds deposited in a joint “either/or” account, the charging of outstanding bank fees, and the execution of an allegedly unauthorized bank transfer, giving rise to controversies regarding the extent of joint and several liability among co-account holders, liability vis-à-vis third parties, and the limits of the financial institution’s conduct. Based on the case, the text proposes reflections on the legal nature of joint bank accounts, the relativity of contractual effects, and patrimonial liability, as well as on the distinction between internal joint and several liability among account holders and joint and several liability in relation to third parties. From a pedagogical perspective, the study supports the adoption of the case method as an active teaching tool in legal education and, in its concluding section, presents educational objectives, applicable courses, guiding questions, and alternative solutions.