2018
Doru TRĂILĂ, Lect. univ. dr., Mircea DUB, PhD Student, Faculty of Law, University of Bucharest, BANKING SECRECY IN THE RELATIONSHIP BETWEEN THE ACCOUNTANTS 'HOLDERS AND THE CREDIT INSTITUTION
After the death, credit institutions may provide information to the heirs of the account holder only on the balance existing at the time of his / her life's cessation, respectively on operations after death, to defend the memory of the deceased, who was not required to account for future heirs.
However, if the information provided by the bank is insufficient to clarify the situation of the deceased's property, interested heirs may apply to the court for a principal claim or for a request for evidence in any civil action in the matter of inheritance by requiring the co-heirs, the heirs who renounced the inheritance and who had to declare donations or any other member of the family mentioned in the provisions of art. 964 para. (1) Civil Code to provide information about the accounts held, the source of the amounts that fed them, respectively the balance of the accounts at the time of the inheritance (for the latter situation, the situation of the surviving spouse, which could be the owner of an account with amounts representing goods common).
Key words: bank secrecy, civil actions in inheritance matters, donation report, excessive donations and other liberties;
« back