Le „credit” comme objet de contract
Credit as object of contract

Summary/Abstract: Article from - Revista de drept comercial și studii economice, vol. VI – 1939 "The ancient conception of credit consisted in the consent of the creditor to accept the promise of a future service in exchange for a present service. This notion also intervened when for a debt due the creditor accepted an extension of the term, It is „ the credit” granted to the debtor of the future performance – and the credit “” granted to the debtor of an overdue debt to accept him a new term of maturity, which was the motive determining the consent or rather which explains the consent given by the creditor to the legal transaction.In the old conception of credit, it is an economic and moral action – the patrimonial and moral capacity of the debtor – which is not externalized as such in the legal transaction, but serves simply an explanation of the consent. It is because the creditor has con fiance to the debtor, whether he accepts the future performance against his present performance or grants a new term for a performance due. This notion of credit corresponded to the economic life of the time and to the commercial necessities of the time."

• Details
• Contents