Joint account, you change, the banks comply with the jurisprudence. A true revolution capable of changing everything that until now was taken for granted. Perhaps thanks to the all-Italian way of thinking that especially between spouses “mine” and “yours” did not exist. And even more so, if one thinks of the all-Italian juridical figure of the communion of goods. Instead, with the new way of thinking of the banks, an incredible earthquake arrives for the money deposited in the joint account because everything changes when you share securities and stocks with other people.
But, to understand the extent of the change and what it entails, the ProiezionidiBorsa editorial team will illustrate what it means to pay money into a current account or, even better, jointly hold a securities deposit. Only after this clarification will it be understood what the effects on the joint account or securities deposit are
An incredible earthquake arrives for the money on the joint account because everything changes when you share stocks and stocks with other people
First of all, we must start from the assumption that paying money into the current account means losing not only possession but also property, pursuant to art. 1834 cc That’s right, when money is paid it becomes the property of the bank.
In return, the bank simultaneously recognizes a credit right for the same amount. To better understand: having an account balance of 10,000 euros means that you have a credit of 10,000 euros towards the bank. Consequently, the credit right deriving from the securities held on the deposit will be even more evident.
This clarification is of fundamental importance, as according to various judicial rulings of merit, there is no joint registration of the credit. In particular, paying money into a joint account or jointly holding a securities deposit to one or more people does not mean transferring ownership. The same, or rather, the credit right is and remains of the first holder of the deposit or of whoever paid the money.
Thus, the widespread practice of jointly holding the securities deposit will have no effect in the concrete transfer of the credit deriving from the securities. To obtain this effect, it will be necessary to enter into a real credit transfer agreement. Oh yes, in these cases there is a real contract between wife and husband.
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