Decreto ingiuntivo «della banca» ed estratto di conto «rafforzato»

This paper considers Art. 50 of the Italian Banking Act (T.U.B.), which allows bank to obtain a summary judgment by submitting a document consisting of an ac- count statement declared corresponding to the bank’s book of account and accom- panied by a declaration of the credit’s truthfulness and liquidity. After reconstruct- ing the legislative history that led to the current formulation of the provision, the research examines the practical problem of the frequent use of the rule for the sum- mary proceeding based on unilateral documents that do not meet the requirements set forth in the legislation. The examination of the issue continues by distinguishing between the objective truth resulting from the accounting and the truth qualified as such by the bank’s official. The basic thesis proposed is that the bank statement without the declaration of the bank manager is a mere indication and not proof of the credit claimed. The essay also addresses the issue of credit assignment and criticizes the wide- spread practice of granting bank injunctions even to non-bank intermediaries.