Câte nuanţe de gri are creditul? Despre tehnici de creditare la limita legii şi dincolo de ea
How many grey nuances has the credit? About credit technics within the law limit and beyond this limit

Summary/Abstract: After a decade from the start of the financial crisis which originated in 2007 in the United States of America, we have observed a new increase in the number of proposals aimed at regulating the credit market, manifested both directly (by establishing mechanisms for interest rate caps, conversions of loans granted in foreign currency or for datio in solutum) and indirectly (as is the case of the “greed tax”). This article was drafted on the basis that legal provisions must aim to codify certain rules developed by society or, where the group to which the rules apply has not yet developed certain rules organically, to propose an optimal solution, that should be adopted without resistance by the members of the group. We therefore attempted to analyse certain situations relating to the granting of credit where communities have established their own rules. We first performed a brief presentation of the notion of credit, followed by a definition of the various forms of credit, classified from the perspective of their conformity with objective law. Whereas the field is highly regulated, the area where such rules established organically by market participants may be found is the subterranean area of the “grey” economy and of illegal lending (loan sharks). We therefore analysed the practices established in those areas. The purpose of our analysis was to identify certain common traits of such forms of credit (situated at the limit of the law or beyond such limit) so that, on the basis of those common traits, we may assess to what extent the rules prescribed by the law for acceptable crediting practices indeed respond to the requests of the market.

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