Responsabilidad de los establecimientos bancarios por el pago de cheques falsos o alterados en Colombia

Abstract

We face a trend to turn liability of financial institutions to strict liability for breach of their contractual obligations, trend that has been extended by the colombian judicial activity to situations that do not have legal grounds, under the pretext of protecting the financial consumer as a subject of special protection by the law. perhaps one of the most emblematic cases of this trend is the responsibility of banking institutions for payment of counterfeit or adulterated checks, which does have a legal mandate that allows distinguish it from the general system of responsibility of such entities.