A principal bank is liable to compensate for any damage that its bank agent causes a customer in its activities as a bank agent.
The provisions of the preceding paragraph do not apply in the following cases:
前項の規定は、次に掲げる場合には、適用しない。
in respect of activities as a bank agent that the bank agent performs under entrustment by the principal bank, if the principal bank exercises due care in entrusting the bank agent with those activities and endeavors to prevent the occurrence of the damage that it causes to a customer in connection with the activities as a bank agent it performs; or
in respect of activities as a bank agent that the secondary bank agent performs, if the principal bank exercises due care in giving permission on re-entrustment of those activities to the secondary bank agent and endeavors to prevent the occurrence of the damage that the secondary bank agent causes to a customer in connection with the activities as a bank agent it performs.
A principal bank agent is liable to compensate for any damage that its secondary bank agent causes a customer in its activities as a bank agent; provided, however, that this does not apply if the principal bank agent exercises due care in further entrusting the secondary bank agent with those activities and endeavors to prevent the occurrence of the damage that the secondary bank agent causes to the customer in connection with the activities as a bank agent it performs.
The provisions of paragraph (1) do not preclude the principal bank from exercising its right of reimbursement against the bank agent, and the provisions of the preceding paragraph do not preclude the principal bank agent from exercising its right of reimbursement against the secondary bank agent.
The provisions of Article 724 (Extinctive Prescription of Right to Demand Compensation for Damage Caused by a Tort) and Article 724-2 (Extinctive Prescription of Right to Demand Compensation for Damage Arising from Death or Personal Injury Caused by a Tort) of the Civil Code apply mutatis mutandis to the claim referred to in paragraph (1) or paragraph (3).