La usura y su aplicación al simple préstamo o mutuo

Abstract

In the current situation of economic crises acquaintances have generalized the concession of personal lendings with high interests - as "rapid" lendings - that they have contributed to the a major debt of the consumers and to a high delinquency derived from the non-payment of the same ones. The reality of the usury, accentuated especially from the freedom of interest rates established by the Law of March 14, 1856 and given the unworkability of this system of absolute freedom of types to avoid the abuses and that the means that the Civil Code was offering were turning out to be insufficient, promulgates a specific norm, the Law of July 23, 1908 of Repression of the Usury that he competes for a system of judicial, more flexible and adaptable fixation for the circumstances of every moment and concrete case, attributing to the court the faculty to annul to the contract of lending or of similar nature that redress certain characteristics: a notably top interest rate the money, and manifestly disproportionate with the circumstances of the case; or it has been accepted by the borrower because of his distressing situation, his inexperience or of limited of his mental powers; or it is supposed received major quantity that really delivered. On such bases, the present study is going to centre on the analysis of such a norm applied to the simple lending or mutually with interests, doing special support in the supposition solved by the judgment of the Supreme Court, Room of the (Full) Civil thing, of November 25, 2015 relative to a personal lending “revolving” granted to a consumer in which an interest was agreed ordinary to 24,6 % and interest of delay 4,5%.