Title of article
The legal loophole and operational ineffectual of the scholastic usury prohibition in the borrowing relations
Author/Authors
AKALIN, Kürsat Haldun Osmaniye Korkut Ata Üniversitesi, Turkey
From page
357
To page
380
Abstract
Scholastics did not deny the usury which was contrary to the word of God, because they aimed to prtotect the new form of business contracts and prepared to ready the pursuit of gain which inreasingly adopted during the commercial expansion of the Middle Ages. Fort his reason, usury was forbidden, but interest was licit. Delay was the most usual reason for compensation. It was reasonable that if the debtor delayed repayment after the agreed date that the lender should obtain some compensation for a real loss of his money. The first case, known as dammum emergeus loss arising, was accepted by most authorities. The second known as lucrum cessans was mean that profit ceasing. It contained that money could be source of gain.
Keywords
Usury prohibition , Interest , Money fertileness
Journal title
Istanbul Journal of Economics
Journal title
Istanbul Journal of Economics
Record number
2719493
Link To Document