Zur Genehmigungsfiktion in Banken-AGB – eine kritische Auseinandersetzung mit der bundesgerichtlichen Rechtsprechung

In practice, the fiction of consent has become a veritable all-purpose weapon of banks and other financial service providers. In disputes with their clients banks regularly argue that the client has long since tacitly consented to any breach of duty on the part of the bank. The Swiss Federal Supreme Court has so far been very reluctant to set limits on this argument. This article takes a critical look at this jurisprudence. The authors find several contradictions and inconsistencies and conclude that the Federal Supreme Court should reconsider its case law on the fiction of consent.