• 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