The applicant, has come as a legacy 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, on the side around 50. years there has been no movement at that time showed a credit of around 106,000, -. DEM from the defendant bank in the process, both the authenticity the savings account, the authenticity of the signatures contained therein of bank employees and their signatory powers denied because in their records and archives could find no evidence that the claim was reported in the savings account 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 with the fact that the Authenticity of the bankbook not according to the findings of the experts could be in doubt. This was convincingly shown that the savings account no evidence of having a reproduction and the 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 Name signatures genuine signatures of duly authorized personnel, be they could not penetrate it. Since the plaintiff in the role of the Spar, the circumstances relating to nature could not be known, it is in the sole responsibility of the Bank, maintained for evidence or contest the authenticity of signatures in a savings account appropriate business records and to submit, even after the commercial retention 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 savings account receivable 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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