RESPONSABILIDADE CIVIL DOS BANCOS NA GESTÃO DAS RECLAMAÇÕES DOS CLIENTES EM CASO DE FALHAS NAS TRANSAÇÕES INTERBANCÁRIAS EM MOÇAMBIQUE

Civil liability translates into a causal relationship between the voluntary and coincidental adoption of a behavior and the link to negative consequences that may result from the same behavior. It is in this context that this topic is approached, aiming to understand the attribution of responsibility in cases of failures in interbank transactions, where customers are deprived of using their deposited amounts for a period of time, until commercial banks reimburse them. It then turns out that the vertex of the problem is the SIMO network, which is the standard interbank payments system in Mozambique, chosen unilaterally and that its use is mandatory for all commercial banks and that it proves to be inefficient. We understand that if the Bank of Mozambique adopts a standard and obliges banking institutions to submit to this standard, the negative consequences of this standard, for reasons of coherence, should not fall on commercial banks, falling to the Bank of Mozambique as it takes such behavior vested with his power of authority.