Professional paper

Criminal regulation of usurious contract

Dinko Ljubić orcid.org/0000-0002-2705-7192 ; MoIRC, Zagreb Croatia

Abstract

The usurious contract represents the forbidden behaviour that is punishable by Croatian law through both civil and criminal proceedings. The existence of the usurious elements in any contract is determined by the court, and each case is decided on its own merits. The above is applicable to any toll contract that may contain usurious elements, and therefore it is not limited solely to the loan agreements as it appears on first impression. In civil law proceedings, an element of usury renders a contract void. In extreme circumstances with certain legal presumptions present, convalidation can take place. In criminal law proceedings, the said behaviour amounts to delicta sui generis, namely behaviour punishable by law for which detailed and written legal code have been enacted. Loan-sharing is the highest degree of financial exploitation, and it is therefore unlawful and contrary to the Croatian constitution. Furthermore, it is contrary to the moral code of society, and accordingly, its existence is dangerous not only for an individual victim of the said crime but to the society at large. This paper paid particular attention to the policing statistics of the above-cited crime between the years 2011 and 2020.

Keywords

usury; loan-sharking; usurious contract; delicta sui generis; property offence; policing statistics

Hrčak ID:

285050

URI

https://hrcak.srce.hr/285050

Publication date:

2.11.2022.

Article data in other languages: croatian

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