DECISION 1160/2021
The contracting party with a mutual account agreement is protected through the lawsuit for his claim for any remaining balance, on condition that, by the time of the expropriation, the mutual account agreement producing the claim has been concluded and the claim has become overdue after the account has been closed until the first hearing of the lawsuit. That is to say, the Bank remains a lender even before the final closure of the account, and therefore has the right to challenge, as long as the rest of the conditions of the law concur, any expropriation of its customer as fraudulent, even if it took place before the final closure of the account, provided its final closure has been made until the first hearing of the avoidance action.