"Diritto sul documento" e trasparenza bancaria. Il falso mito della riservatezza

Tola, Manuela

2026-01-01

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Abstract

Analysing the relationship between banking transparency and access to documents right, the contribution focuses on the recurrent reliance on the confidentiality protection as a limitation on banking documentation access. Starting from the civil-law foundations of the right to obtain copies and from the value of transparency as a means of bank–customer rebalancing relationship, the paper examines the practices and restrictive interpretations adopted by banks with regard to Article 119 TUB, which ultimately undermine the entitled parties effective protection, with particular reference to the mortis causa successors of bank customers.