Crisis in Bank Law: contractual phenomenon in the relation Bank/client, institutional power and consumer's protection

Abstract

The basic purpose of this paper is to insert some banking law matters in an improvement and transition context as crisis features. The main approach claims to an exam about central aspects of Brazilian contractual law and its changes, about Bank/client relationship and the contractual phenomenun envolving banking practices and operations. In the same way, the institutional power of the Bank is exposed in its skill of creating norms and enforcing complex contracts. Finally, it refers to the problem of consumer's protection inside banking law and it recommends to a new model of contractual principles of Brazilian consumer's law system. Such case, it will be possible to build a global analysis that involves some elementary points revealed by banking law in this 21's century beginning.