The Impact of the Bank's Internal Rules on the Transparency of the Banking Activity

AbstractThough the banking law is considered a law of professionals, its profound impact over the social life determines the necessity of making the banking system more accessible for the customers. Regarding the relations between a bank and its clientele, this desideratum could be translated by the imperative growth of the transparency in the banking activity.The judicial practice is plentiful in litigations and controversies caused by the lack of transparency in the banking activity. In this context, the competent authorities, both national, as well as international, have started a process to increase the transparency of certain banking transactions.The internal rules of the banks, having a confidential feature, though it should have only the role to organize the banking activity, often reach to determine, in a substantial, but indirect manner, the content of the banking activities. Thus the transparency of the aimed operations is affected, leading to situations in which the clients are imposed contract clauses on that they were not informed. In order to regain the trust of the clientele, the banks must quit using internal regulations as means of controlling, from the shadows, the contractual results