This diploma thesis attempts to explain the background of the origin of Islamic interest-free banking, where the first part of the thesis is devoted to the attitudes of ancient jurisdictions towards interest in the Old Testament and the Christian middle ages. It also tries to explain the basic principles of Islamic banking's functioning, the specific products it offers, and to show its position and practices in selected Muslim and European countries.

L’émergence d’un « ‘esprit’ capitaliste » (Weber) en Angleterre et en France au tournant des XVIe-XVIIe siècles a favorisé la reconfiguration des rapports entre avaritia et cupiditas, qui déterminent tout le champ sémantique de l’usure et de l’intérêt. Cette thèse postule que cette évolution est sensible dans la comédie française et anglaise de l’époque, et plus particulièrement chez les grands dramaturges qui ont marqué l’imaginaire collectif en mettant en scène des personnages avares. À partir d’un type comique issu à la fois du théâtre antique et du canon religieux bien établi dans l’Occident chrétien, l’appréhension nouvelle de l’argent comme objet et comme signe permet de construire une véritable figure moderne de l’avarice. Shylock, Volpone et Harpagon sont suspendus entre un or quasi divin, et l’univers plus ou moins connu de l’argent, qu’ils pensent maîtriser grâce à leur trésor. S’ils s’intègrent parfaitement à la fluidité moderne des échanges économiques, culturels et sociaux, ils participent aussi à leur dévalorisation, par une activité et un discours proprement usuraires. Leur entourage tente de soumettre cette « labilité » (Simmel) suscitée par l’économie de l’usurier-avare à un nouvel ordre, cosmique, éthique ou politique. Le conflit se résout devant la justice, instance discriminatoire externe et prétexte à la mise en abyme du jugement social. L’analyse finale de ces dénouements permet de comprendre le travail de chaque auteur sur la forme et la fonction du comique, à travers le texte, les genres, ou une esthétique de l’espace. Elle montre que chacun s’attache à valoriser l’apport de son art au public dans une période de crise socio-économique. / The emergence of a capitalist ‘spirit’ (Weber) in England and France at the turn of the sixteenth and seventeenth centuries played a leading role in reconfiguring the relation between avaritia and cupiditas which determine the whole semantic field of usury and interest. This thesis postulates that this evolution is perceptible in French and British comedy at that time, in particular for some of the playwrights who staged miserly characters imprinted in our collective imagination. Starting from a comic type as common in Greek and Roman drama as it was in the well-established religious canon in the Christian West, a new understanding of money as object and as sign leads to the construction of a truly modern figure of avarice.Shylock, Volpone (Mosca) and Harpagon, hang on to a almost divine idea of gold and the more or less known world of money, medium they think they control through their treasure, and which is about to become the universal equivalent of any good. Those characters fit perfectly into this modern dynamic of economic, cultural and social exchanges, but they also contribute, with their strictly usurious speech, to its depreciation. Their entourage tries to tame this « lability » of values (Simmel) generated by the economy of the usurer-miser to a new order – a cosmic, ethical or political order. Conflicts are resolved by a court of law, external discriminatory authority and pretext for the mise-en-abyme of social judgment. The analysis of these denouements allows one to understand the work of each author in the comic form and function, through the text, the genres, or an aesthetic of space. It shows how much each author strived to value the contribution of his art to the public, in a time of socio-economic crisis.

This thesis delas with the business plan of the internet auction portal with non banking loans. The main aim of the thesis is on the base of financial plan and financial alalysis design functional system which would be realizable in practise. In theoretical part I deal with internet auctions and also legislation of consumers contracts and loans. In practical part comparing the loan market and proposal of business solution.

Jean de Meun's continuation of the Roman de la rose (The Romance of the Rose), written in Paris in the 1270s, presents a vast amount of philosophy and natural science in vernacular poetry, while engaging thoroughly with contemporary, local philosophical and institutional debates. Taking this into consideration, this study investigates how the Rose depends for its meaning on questions around human nature, natural philosophy, and the philosophy of language that were being discussed and debated in the University of Paris at the time of its composition. It suggests a reading of the poem as a work of philosophy that uses Aristotelian ideas of nature and what is natural to present a moral framework – at times explicitly, at times implicitly – within which to assess and critique human behaviour. The concepts of the unnatural and the artificial are used to discuss sin and its effects on sexuality – a key concern of the Rose – and on language. The Rose is shown to present itself as artificial and compromised, yet nevertheless capable of leading imperfect and compromised humans to moral behaviour and towards knowledge which can only ever be imperfect. It is read as a presenting a rhetorical kind of philosophy that is sui generis and that appeals to human desire as well as to the intellect. The specific issue of usury and its relation to avarice is examined, studying contemporary theological and philosophical treatments of the question, in order to illustrate similarities and contrasts in the Rose's theoretical methodology to more orthodox modes of philosophical enquiry. Finally, the poem's valorisation of pleasure and of the perversity inherent in artificial productions is explored to show how poetry, though deviating from the strictures of dialectical language, is nevertheless productive and generative.

Much has been written about various aspects of the long presence of the Knights of the Order St John on the island of Malta. Nonetheless, throughout this literature there is one noticeable omission - a study of the commercial development of the harbour area during the first decades of the Order’s rule. Despite Malta’s small size, the presence of the Order of St John (1530 -1798) ensured an inflow of foreign resources which eventually permitted very dense human settlement and an international projection beyond the island’s shores which was largely disproportionate to what would normally have occurred in such a small and sterile island. The maritime nature of the Order and the heavy dependence on imports hastened the creation of an efficient maritime communication system. The development of all these economic activities resulted in a prime economic means of generating wealth and served as a pull factor to a large number of enterprising individuals, both local and foreign. Early modern Hospitaller Malta eventually saw the consolidation of an enterprising business class, which, out of sheer necessity, grew accustomed to operating well beyond its narrow confines. In turn, this contributed to the island becoming more open to connectivity with the outside world. Hence, the main aim of this thesis is to explore in detail various economic activities taking place in Malta during this particular period which spans from 1530 to 1565. The year 1565 has been chosen as a marker since during this year there was a break in the normal chain of events due to the turmoil created by the Great Siege. In order to reach this goal the practical functioning of commerce with its agreements and disputes, its currencies, its trading posts and its nodal points shall be analyzed. Furthermore, this thesis strives to show how notarial evidence, together with that derived from records of various tribunals set up on the island at the time, supplement each other and help to fill in gaps. While discussing different methodological approaches to the study of the Mediterranean, the first chapter of this study shall also assess Malta’s place within the wider Mediterranean historiographical framework. It shall also trace the development of Maltese historiography and its contribution to the study of legal, economic and social issues relating to the sixteenth century. Furthermore, this study shall place the various series of primary sources used for its compilation in their proper context, thus allowing the reader to evaluate better the significance of the information provided. The second chapter shall evaluate how the arrival of the Order provided for the setting up of new institutions and for the promulgation of new laws in order to consolidate its authority over the island despite repeated promises to respect and honour ancient rights and privileges. The following three chapters shall each be dedicated to a particular case study which will try to address specific topics that have been largely neglected in Maltese historiography. Thus, starting with an analysis of the grain trade, which was of the utmost importance for a sterile island with an ever-increasing population, it will be followed by another case study which seeks to evaluate the role of women, their legal persona and how this affected their contribution to the island’s economic activities. The final chapter will try to establish whether there were any commercial links between Malta, often described as the frontier and bulwark of Christianity, and its neighbouring Ottoman North African territories. If such trade existed, how did merchants, both Christian and Muslim, manage to overcome religious antagonism which should have inhibited the easy flow of trade? The objective of this study shall therefore be to shed much-needed light on economic activities taking place in and around the harbour area during a largely unexplored period in Maltese history. Moreover, it shall seek to provide a better understanding of Mediterranean commercial relations since the Maltese harbour was a point of intersection not only for people of different nationalities, but even for people of different faiths, such as Muslims, Jews and Christians of different denominations. All had one common goal which unified them, that is, trading and making profit out of it.

Inspired by the visual allegory ("Conquista, embarcáronse a las Indias" fol. 73 of the Nueva corónica), Legnani contends that the development of the laws of peoples (jus gentium) by 16th century Spanish jurists should be analyzed within the corpus of commercial law (lex mercatoria) employed by sea merchants, bankers and mercenaries throughout the 15th and 16th centuries. This dissertation explores the movement from figure to fiction in discourses of capital and violence. / Romance Languages and Literatures

Central point of the thesis at hand is the effort to clarify legal consequences arising out of the conclusion of the usurious contract. Its primary aim is to determine whether the usurious contract is voidable or rather null and void and whether it is possible to uphold the usurious contract either by applying the concept of partial invalidity or by judicial balancing of the grossly disproportionate considerations arising out of the usurious contract. This thesis is structured into two parts. The first chapter of the first part briefly introduces paradigms of the rules related to the usury. The second chapter analyzes individual characteristics of the usury. In the third chapter author argues for the possibility to review the contracts (showing the disproportion of considerations, defects of the abused's will and the element of abuse, however, not fulfilling all the characteristics of the usurious contracts due to narrow definition of the usury) by the good-manners-test. Second part of this thesis is divided into three chapters. The first chapter analyzes consequences resulting from the violation of the usury prohibition and their impact on the usurer's and the abused's legal position. This chapter also deals with the difficulties in terms of interpretation of rules governing invalidity of legal...

LL.M. (Banking Law) / The charging of interest and the variation thereof throughout the term of a credit agreement has, in a modern South Africa, become the rule rather than the exception. This is so because in a constant evolving economy it will not be viable for large financial institutions to commit themselves to fixed interest rates especially where a credit agreement such as a mortgage agreement may extend over many years. With this comes the question as to the extent of a credit provider’s discretion to vary interest rates and the manner in which it purports to do so. Naturally where the National Credit Act finds application in respect of a credit agreement the provisions thereof relating to interest and the variation thereof will determine whether a clause allowing a credit provider to vary the interest rate unilaterally is valid and enforceable. However in instances where the National Credit Act is not applicable to a certain credit agreement, especially in the case where the consumer is a juristic person, the interest rate levied and the variation thereof will fall to be decided in terms of the common law. The application of the common law in this regard is not without difficulty and there have been many conflicting decisions of our courts in this regard. Whilst the supreme court of appeal has finally decided on the matter of discretionary interest rate clauses it is no doubt that this issue will surface for many years to come. This dissertation explains the comparative positions of interest rate and variable interest rate clauses in terms of the National Credit Act and the common law.

The dynamics of our globalised world open the way for international trade and transactions between different countries; this may lead to conflicts in laws where transactions and trade may be subject to different legal systems. One of the biggest issues in international commercial law is disputes over the charging of interest, for example with regard to late payment, interest-based loans, or compensation for damages. Interest disputes are considered to be a complex area of law and even more complex in the international field. At the international level, interest claims may be connected to many areas of commerce and thus governed by various laws, which are different from one country to another; moreover, each country has its own interest rate and such rates are changeable according to the nature of law and economics under some jurisdictions. Furthermore, the concept of interest itself is affected by influences such as religious beliefs and economic, political and cultural trends. Interest can be treated as a substantive or a procedural matter. The settlement of these disputes therefore faces difficulties. Arbitration, as a method for settlement of disputes, is characterised by special features that assist in resolving these issues; but it faces some obstructions, especially in international commercial arbitration. The practices of arbitral tribunals and national courts in this regard are different. The results of different interpretations, approaches, and theories with regard to arbitration, at the pre-arbitration, during arbitration and post-arbitration stages, may also differ widely due to the diversity of financial and legal systems such as Common Law, Civil Law and the Islamic legal system – Sharia Law – across different countries. Each legal system has a different methodology and theories, even within an individual country under one legal system, and a state within a federal system has its own laws, which may have different interpretations in this respect. The New York Convention of 1958 on enforcing foreign arbitral awards was established in favour of arbitral awards and for the purpose of unifying international rules of arbitration. This Convention provides some procedural and substantive rules for the enforcement of foreign arbitral awards, but also provides some grounds for refusal. These rules have been affected by different interpretations under different jurisdictions and legal systems, which lead to different perspectives on the matter of charging interest and settlement by arbitration. The outcome of applying the NYC under these interpretations often has the opposite of its intended effect: the rejection of foreign arbitral awards. Due to such ambiguities, courts occasionally intervene in arbitration in all its stages. The interventions of national courts occur in three stages: enforcement of the arbitration agreement, enforcement of the contract under the applicable law to the agreement, and enforcement of the foreign arbitral award. The confusion between substantive and procedural laws also creates confusion with respect to public policy, non-arbitrability and enforceability. In addition, there may be a lack of clarity on the scope of arbitration with respect to the parties’ agreement, whether or not the parties have agreed to the interest rates and periods and whether or not they have agreed to the authority of the arbitrator. These issues affect the enforceability of an arbitration agreement, the law applicable to the disputed contract, the freedom of parties, the authority of the arbitrators and the enforceability of the awarded interest. The thesis studies how arbitral awards containing interest have been interpreted across the three aforementioned legal systems under the NYC 1958 in Saudi Arabia, Egypt, the UAE, England, France, and the US and the enforceability of such awards.

Le XIIe siècle est l’aube d’une nouvelle ère, marquée par la redécouverte du droit romain, mais aussi par la reprise des échanges économiques, échanges qui s'accentueront à partir de la fin du XVe siècle avec la conquête du Nouveau Monde. Devant faire face à ce nouveau droit, mais aussi aux nécessités économiques impliquant une technicité juridique accrue, les juristes médiévaux, tout comme leurs successeurs de la Renaissance, tentent de définir les contours de cette figure contractuelle romaine si énigmatique : le dépôt. Ce dernier est utilisé pour toutes sortes d’opérations économiques et juridiques, y compris les plus condamnables selon la morale de l'époque. De ce fait, outre la doctrine, c’est l’ensemble des acteurs du droit de ce temps qui sont contraints de tenter de régir et de définir cette figure contractuelle protéiforme. C’est ainsi que cette opération de catégorisation juridique va mobiliser tant les pouvoirs publics, que les juristes de droit coutumier et les praticiens, qui n'auront de cesse de tenter d'apporter des solutions à ce qui demeure, encore à l'heure actuelle, une épineuse problématique. / The XIIth century marked the dawn of a new era characterized by the revival of Roman law, as well as by a renewal in economic trade – trade that had expanded greatly by the late XVth century with the discovery and conquest of the New World. Confronted with this new legal context and with economic demands requiring more sophisticated legal skills, medieval jurists and their successors during the Renaissance attempted to define the contours of a very enigmatic Roman contractual agreement – the deposit. Deposit contracts were used for all sorts of economic and legal operations, including those deemed most morally reprehensible at the time. Thus, beyond the doctrine itself, all of the legal actors of the period were forced to attempt to regulate and define these multifaceted contractual agreements. Such efforts at legal categorization as such mobilized the energy of public authorities, but also of jurists of customary law and legal practitioners, who never stopped seeking solutions to a problem that remains a thorny issue even still today