Chitty On Contracts Vol. 2 Free Pdf Download
I, B. Q. at page l. Vol. II, B. 2, Q. 36, 3.”
In order to obtain a construction of a law, which does not correspond to its natural meaning, the expression must be varied; for example, “interest on interest” has many meanings according to its different uses.
It is not therefore a sufficient answer to say that the modern text is a paraphrase of the text of the law as it was in use during the Middle Ages.
The interpretation of a law should not confound it with the law itself. A law, in the sense of a rule of conduct to be observed by everybody, is not determined by the will of one person only, nor by the authoritative opinion of one tribunal only, but by all the legislative power.
It is the task of the lawgiver, and not the task of the interpreter, to indicate the precise limits of the rule. They must be indicated for the future as well as for the past; for the unborn as well as for the living.
Chitty was a judge. He was writing in 1823, the year after the Napoleon Administration had finally been defeated. France was still a republic. Napoleon was a now a prisoner on the island of St. Helena.
The text was that of the Napoleonic Civil Code, and it did not include a reference to the law on usury as an implicit legal conclusion.
In fact, the French Code Napoleon of 1804-1807 did not include a reference to usury. The Napoleonic Civil Code had been passed in 1804. It was the first French Civil Code, and it was the source of all later French Civil Codes.
At the same time, Article 687 of the Napoleonic Civil Code stated:
“If a creditor makes a loan to his debtor under such conditions that he can appropriate him to himself in a way that causes usury to arise, the debtor can refuse to pay by making the same conditions on his debtor. Usury is forbidden and the creditor cannot claim repayment on his loan.”
The argument being that if usury were permitted and a debtor could refuse to pay, then usury would be forbidden, and that if usury were forbidden, a debtor could not refuse to pay.
The French Constitution of 1848-1852 passed a new Civil Code, Article 733.
The French Code Napoleon of 18
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