The basis and nature of the civil liability of banks for credit operations (a study in Libyan law and comparative law).

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

Credit operations carried out by banking institutions are of paramount importance in the management of the financial sector in general and contribute mainly to achieving economic balance by enabling persons, whether natural, civil legal or traders, to obtain loans to finance their projects or meet their debts. In return for their undertaking to refund the principal of the loan in addition to the commission or interest due to the bank for this which is determined by the contract within the framework of the criteria prescribed by law. Despite the importance of credit in the national economy, there is no comprehensive definition, but there are many definitions and different points of view, Whether economic or legal, so we saw that we address these definitions by exposure to the concept of bank credit, which was addressed by different opinions, and before that we can define credit by tracking the verbal meaning of the word credit, as an economic term with a certain economic connotation, which is a word of Latin origin (CREDIT) whose meaning revolves around trust and certification, and it is derived from the source (CREDOR) meaning trust or believe, and is used The word credit or credit means trust, that is, the bank trusts its customer, and can also obtain the trust of others in it.

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