The claimant, who came as heir of his late father in 2007 in the possession of the bankbook, had asked the defendant bank first information on the available balance and - after providing the information - the return of payments plus the meantime accrued interest . The savings account has taken place in the past 50 years showed no movement, then a credit of around 106,000, - from DM. The defendant bank has in the process, both the authenticity of the bankbook, the authenticity of the signatures contained in the Bank's employees and their Authority to deny, because in their records and archives could find no evidence that the savings account in Reported claims have ever existed.
The first thing the Landgericht Frankfurt am Main granted the request of the plaintiff. Previously, it had sought expert opinion on the authenticity of the bankbook.
The appeal against the decision of the Bank pointed to the competent 19th Civil Division of the OLG Frankfurt / Main, now back in the 03/02/2011, arguing that the one so that the authenticity of the bankbook according to the findings of the expert no longer be doubted. This was convincingly shown that the savings account which has no evidence of reproductive and used ink pens and paste it in 1955 have been on the market. Savings accounts come then to the function of documentary evidence. To the shock of the evidentiary value of a savings book particularly high requirements for, which were only available in exceptional cases. This would in particular the amount of the savings account and the duration of Umsatzlosigkeit not shake the probative value.
If the bank denies that the annexed into the savings account in addition to the deposit amount with signatures are genuine signatures of employees authorized to sign, they could not penetrate it. Since the plaintiff in the role of the relevant circumstances Spar naturally could not be known, it is in the sole responsibility of the bank to keep the evidence or contest the authenticity of signatures in a savings account and submit appropriate business records, even after the commercial storage periods. Otherwise, a bank could cancel by simply denying the authenticity of the signatures in the savings account the probative value of the savings book in fact, what was not acceptable.
Neither the passbook claim itself nor the right to information were time-barred for the rest. The fact that the bank had no knowledge of everything from savings accounts change nothing in that respect.
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Source: © Claudia Hautumm / PIXELIO http:/ / www.pixelio.de/
Source: © Claudia Hautumm / PIXELIO http:/ / www.pixelio.de/
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