Summary: Droit Des Affaires 1
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1 Droit des affaires 1
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What is "Droit du Crédit"?
- Part of "Droit des Affaires"
- Governs transactions involving property transfer
- Constitutes obligations and claims for parties
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Why is "Droit du Crédit" pertinent?
- Supports volume and business developments
- Essential for capital multiplication
- Basis of modern economy
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Who issued rules on loans in ancient times?
- Hammurabi, Babylonian Prince (1792-1750 BC)
- Included in "Code Hammourabi"
- Rules about "PRET" and "COMMISSION"
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What are two identified loan types?
- COMMODAT: Loan for use
- MUTUUM: Consumption loan
- Difference in property ownership
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When was Senegal's first bank established?
- December 28, 1853
- Allowed economic growth
- Access to credit or cash loans
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What challenges do credit operations present?
- Borrower's repayment difficulties
- Temporary or definitive insolvency
- Use of guarantees to manage risks
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What is the role of the "Acte Uniforme de l’OHADA"?
- Entered into force January 1, 1998
- Organizes legal matters
- Concerns civil and commercial guarantees
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What does Article 526 COCC specify?
- Distinguishes "prêt à usage" vs. "prêt de consommation".
- "Prêt à usage": Item remains property of prêteur.
- Must return item identically.
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What is "prêt d’argent"?
- A type of "prêt de consommation".
- Ancient practice as old as currency.
- Often involves interest.
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Why is interest associated with "prêt d’argent"?
- Compensates for deprivation of use.
- Legitimate benefit to prêteur.
- Emprunteur pays equivalent.
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