Facts
On 18 November 1986, [L.] requested from Bank X. the issuance of an Eurocheque card (EC card) and the provision of cheque forms. On 10 October 1993, L.'s vehicle, which was parked in France, was broken into and his EC card, cheque book, and passport were stolen. In the following days, the thief filled out 32 cheques, each for an amount of 1'400 FF, imitating L.'s signature and writing the EC card number on the back of the cheques. The 32 cheques were presented for encashment to various French banks, which honoured them. Subsequently, Bank X. debited L.'s account for a total amount of 11'517 CHF 20. The bank compensated its client for 3'229 CHF 90. [L.] brought an action against Bank X. for payment of 8'287 CHF 30 plus interest.Considerations
Pursuant to Art. 1132 CO, the damage resulting from a forged or falsified cheque is borne by the drawee if no fault can be attributed to the person designated as the drawer on the instrument. The conditions of use of the EC card provide for a different allocation of risks, authorizing the bank to debit the client's account up to the guaranteed amount even if the Eurocheque has been revoked, if the formal conditions of the guarantee appear to be fulfilled.
This allocation of risks is not abusive in light of Art. 2(2) CC, 19(2) CO and 8 UCA. The Eurocheque guarantee system, which encourages the client to be cautious, does not appear to…