Civil law usury

Civil law usury Abstract While discussing the issue of civil law usury, this thesis has three main goals in principle. The first one is exploring and describing usury from non-legal standpoints, the second one involves assessing usury from legal standpoints and the final one comprises comparing the Czech regulation of usury with foreign approaches, presenting proposals aiming to enhance the definition of usury and evaluating the quality of its definition. The thesis is thus divided into three parts accordingly. The first part focuses on the origin of usury itself, while particularly exploring key historical periods and philosophical approaches. It also mentions the influence of religion, which used to influence the everyday life of individuals and usury was no exception. This part is complemented with a brief look at the usury regime in the three previous civil codes from the past century, which predate the current regime with their effect. The formulation of the theoretical part then follows, it comprises an interpretation of the current usury regime contained in the present Civil Code. In that, I first explore the basis of the law of obligations, then move to the concept of laesio enormis and finally analyse the key provisions of usury itself. Here, I describe its components using case law and other..