Estudio jurídico, doctrinario y comparativo del anatocismoy su relación con la usura tipificada en la legislación penal.
The current law is in charge of the defense of guarantees and the application of principles. There is a reference to a constitutional state of law and a commitment to social justice in this statement. Through the set of existing provisions that reflect both the constitutional rights and protection o...
Đã lưu trong:
| Tác giả chính: | |
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| Định dạng: | bachelorThesis |
| Ngôn ngữ: | spa |
| Được phát hành: |
2023
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| Những chủ đề: | |
| Truy cập trực tuyến: | https://dspace.unl.edu.ec/jspui/handle/123456789/27196 |
| Các nhãn: |
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Thêm thẻ | Tóm tắt: | The current law is in charge of the defense of guarantees and the application of principles. There is a reference to a constitutional state of law and a commitment to social justice in this statement. Through the set of existing provisions that reflect both the constitutional rights and protection of the rights of the affected persons, this paper examines the judgment of usury and anatocism. This research outlines the social reality in which the country lives, as a result of the appearance of usurious people who, with the simple fact of lending amounts of money with interest above the law, affect the people who use it. Usury is considered in the vast majority of legislations as a crime that damages the patrimony, through excessive interest emanating from a mutual contract. The second paragraph of Article 308 of the Republic's Constitution prohibits anatocism and usury. However, if reality is analyzed, usury is a general practice that no one controls. In addition, anatocism, in which banking or commercial entities, with their inexplicable commissions and interest, abuse those who need credit. Anatocism, its evolution, legal basis, definition and doctrine related to the subject, is the object of study and on which this work will be developed, the same that aims to contribute and propose alternatives that serve for the solution of this problem that affects society. In fact, I will begin with the analysis of the various definitions of the subject to be developed, then determine the origin and evolution of this practice that consists of the stipulation of interest on interest. In Ecuador, unfortunately, due to lack of suitable legislation, there is a series of conducts in which human need is abused by professional usurers, in addition to banks and commercial houses, who, with impunity, apply the figure of anatocism, increasing considerably the value of the initial credit or the acquired good. |
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