Question At the bank where I have my relationship, I would also like to use a safety deposit box service in order to deposit the valuables I currently have in custody in a safe at home. I could know the main regulatory aspects that are connected. Answer The first condition to consider is the existence at the bank of a safe deposit box service (as seems to be inferred from what the reader has expressed). Not all credit institutions, in fact, have this service which, by the rules governing banking services, is considered accessory.
That said, it is necessary first of all to refer to articles 1839, 1840 and 1841 of the civil code which govern this service as a contract (and by numerous jurisprudential rulings, which intervene on the various aspects that have affected this service over the years).
The structure and general discipline of the contract (considered to be paid services) provide that the bank, in exchange for the payment of a fee, makes available to the customer suitable premises for the provision of the service, also providing for their custody and the integrity of the deposit box, regardless of the nature of the value and the value of the goods entered by the customer, who has the right to keep confidential. It is frequent, however, that some banks, in the contract, insert the clause concerning the possibility, for security reasons (things placed in the safe that can constitute a danger of any kind or in any case can cause prejudice or disturbance), to proceed, with the concurrence of the user (or in the presence of a notary if he is not available), to check the contents of the box through a forced opening of the box. How the bank can verify and demonstrate these security reasons is, in the opinion of the writer, very difficult in consideration of the operations of withdrawal and deposit of the goods that are made by the customer in a confidential manner.
The liability of the credit institution for the service provided is excluded for “fortuitous events”; that is to say for a situation not attributable to the bank which created an objective impossibility of fulfilling the obligation to which it is bound. Certainly not attributable to the most frequent hypotheses of theft, robbery, loss, theft, destruction of the assets held in the safe, always attributable to the credit company, also by virtue of the nature of the banking activity, by definition, reserved and authorized ad hoc.
Most credit institutions stipulate in the contract that they are not required to answer for a value beyond a certain limit. The Court of Cassation has repeatedly intervened against these provisions, ruling the nullity of such clauses for cases of willful misconduct and gross negligence (thefts and damage are always so for the Cassation jurisprudence) but not for those slight negligence. In these cases, the bank will be required to fully compensate the value of the goods (damaged, stolen or stolen), but the customer will have to prove such gross negligence and what goods were in the box. Despite these cases, in practice, in order to avoid this problem (but it is a herald of potential disputes), many credit companies, in addition to the established fee that covers up to a certain amount,
A box can be in the name of one or more people (all strictly identified by name), and its opening is allowed individually to each co-holder unless otherwise agreed. The co-holder who opens the box must declare (through the appropriate form), to the best of his knowledge, the existence of the co-holders in life. In the event of the death of the holder (or of one of the holders), the bank (which has received notice) will not allow the opening of the box except with the agreement of all those entitled to it or according to the procedures established by the authority. judicial and with the observance of all the formalities required by the relevant laws and regulations.
Furthermore, the rules on the subject of forced execution of securities (with the form of direct attachment) concerning the contents of the safe deposit box of a debtor to carry out a precautionary or judicial seizure or for the compulsory collection of a credit remain valid. in cash.
Finally, consider how, according to the anti-money laundering legislation, every access to the safety deposit box is noted by the bank which, as an authorized intermediary, must every year compulsorily transmit to a section of the tax registry (archive of banking and financial relations ) the total number of accesses made during the year by the holder (and joint holders) of the box. This element, in addition to the existence of the deposit box itself and a possible high insurance ceiling, are all information that, as part of the risk analysis process (aimed at identifying the most suspicious positions of tax evasion), can allow to the financial administration the launch of tax investigations on the taxpayer.
