Judicial principles and studies

Risk Allocation and Central Bank Experts in Forged-Check Cases

Examines whether expert selection must follow the official registry, the status of Central Bank employees serving as experts, and allocation of liability for forged checks under Article 270.

Updated: 10 September 2026

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Examines whether expert selection must follow the official registry, the status of Central Bank employees serving as experts, and allocation of liability for forged checks under Article 270.

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  • Subject
  • Summary
  • Practical significance

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01

Subject

The study addresses whether expert appointments must come from the official registry, parties' contractual right to name an expert, the court’s discretion to appoint outsiders when the registry cannot supply an expert, the status of Central Bank employees called as experts, and allocation of liability for forged checks under Article 270.

02

Summary

The experts regulation does not create an automatic nullity for appointing an expert outside the registry. Parties may agree on an expert; absent agreement the court selects from the approved registry but may appoint an outsider for justified reasons. Lack of objection by the parties can imply consent to an out-of-registry appointment. Central Bank employees invited as experts act in a personal capacity if they disclose neutrality and no contrary fact is proven. Under Article 270 the drawee bank bears responsibility for payment of a forged check unless fault is attributable to the drawer; proven failure by the drawer to safeguard checkbooks can reduce the bank’s liability. A technical expert report that meets the statutory requirements (Article 83) and is free of legal challenge may be relied upon as evidence.

03

Practical significance

Courts should state reasons when deviating from the registry, treat expert neutrality disclosures as material, and rely on technical expertise to apportion fault between banks and the drawer under Article 270 when the expert report is legally sound. This content is an educational summary and not a judicial text or legal advice.

Frequently asked questions

Subject?

The study addresses whether expert appointments must come from the official registry, parties' contractual right to name an expert, the court’s discretion to appoint outsiders when the registry cannot supply an expert, the status of Central Bank employees called as experts, and allocation of liability for forged checks under Article 270.

Summary?

The experts regulation does not create an automatic nullity for appointing an expert outside the registry. Parties may agree on an expert; absent agreement the court selects from the approved registry but may appoint an outsider for justified reasons. Lack of objection by the parties can imply consent to an out-of-registry appointment. Central Bank employees invited as experts act in a personal capacity if they disclose neutrality and no contrary fact is proven. Under Article 270 the drawee bank bears responsibility for payment of a forged check unless fault is attributable to the drawer; proven failure by the drawer to safeguard checkbooks can reduce the bank’s liability. A technical expert report that meets the statutory requirements (Article 83) and is free of legal challenge may be relied upon as evidence.

Practical significance?

Courts should state reasons when deviating from the registry, treat expert neutrality disclosures as material, and rely on technical expertise to apportion fault between banks and the drawer under Article 270 when the expert report is legally sound. This content is an educational summary and not a judicial text or legal advice.

Notice: this article is general educational information and does not constitute legal advice or a final assessment of any matter.

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