Σε περίπτωση που εις εκ των συνδικαιούχων τεθεί σε δικαστική συμπαράσταση η σύμβαση κατάθεσης λύεται ως προς αυτόν και στην θέση του δεν υπεισέρχεται ο δικαστικός συμπαραστάτης. Τα δικαιώματα του ασκούνται αναγωγικά κατά τους λοιπούς συνδικαούχους κατά την εσωτερική τους σχέση . Εαν τεθεί ο όρος όμως στην σύμβαση κατάθεσης του άρθρου 2 του Ν 5638/1932, ότι δηλ. με τον θανατο του συνδικαιούχου η κατάθεση περιέρχεται αυτοδικαίως στους λοιπούς επιζώντες μέχρι του τελευταίου, οι κληρονόμοι του αποβιώσαντος δεν υποκαθίστανται στην θέση του εναντι της Τράπεζας και δεν μπορούν να στραφούν κατά των επιζώντων.
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7 comments
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