A Topic of Moral Theology
Loans (Mutuum and Commodatum)
The loan for use and the loan for consumption, and the obligations of borrower and lender.
The works themselves ask 58 questions under this heading — see them together with their answers.
Within this topic
- Mutuum: the loan of fungibles ▸ 1 subtopics
See also Usury and Interest — in Contracts
Also asked about as…
borrowing · credit cards · debt · lending money · mortgage (ed.)
In the index as Usury · Loan · Contract · Interest · Loan for consumption (mutuum) · Debt · Money · Anatocism · Cassel · Credit · Creditor · Deposit · Fraudulent preference in bankruptcy · Fungible · Loan for consumption and for use · Loans · Merchants · Montes Pietatis · Mortgage · Pledge · Risk to the principal · Savings banks · A conventional penalty · Agency
In the manuals
Read the manuals side by side → — each work's whole treatment in its own column
A Manual of Moral Theology for English-Speaking Countries
Vol. I, Bk. III, Ch. X, Section V. Civil or Municipal Law, n. 3 — Certain laws merely refuse an action to vindicate a claim or bar the remedy. Such laws do not annul or invalidate any natural right which may exist in the case; the law cannot produce an effect which was never intended b… Read in context →
Vol. I, Bk. VI, Pt. VII, Div. III, Ch. V, Section III. Order of Making Restitution, n. 3 — The question of order of payment among creditors also arises when a debtor is insolvent and cannot pay all in full, for if he can pay all in full, order of payment is not of consequence. If a man cannot pay his debts as … Read in context →
Vol. I, Bk. VII, Pt. II, Chapter IV. Mutuum and Usury, nn. 1 & 2 (2 passages — hover a number to read it)
Vol. I, Bk. VII, Pt. II, Chapter VIII. Bailment, nn. 1, 2, 3, 4, 5, 6 & 7 (7 passages — hover a number to read it)
Vol. II, Bk. IX, Chapter XIV. De Debito Conjugali, n. 1 — Let the words of St Paul serve us as a preface, who are about to treat this unseemly matter briefly: "Let the husband render the debt to his wife," says the Apostle, "and in like manner the wife also to the husband. The … Read in context →
Manual of Moral Theology (Manuale Theologiae Moralis)
Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. I, Art. II, § III, Point IV, III. On Liberative Prescription, n. 809 — I. Liberative prescription can be constituted in a twofold way, namely, either so that it truly extinguishes the debt itself, or so that it excludes only a judicial action against the debtor. In what way it is constitute… Read in context →
Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. II, § V. On Mutuum, nn. 884, 885, 886, 887, 888 & 889 (6 passages — hover a number to read it)
Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. II, § XIII, Point III. On Hypothec, n. 968 — I. Notion. Hypothec is a real right by which another's immovable thing is obligated to the creditor as security of a debt. The right of hypothec commonly arises from contract.Read in context →
Moral Theology: A Complete Course (McHugh & Callan)
Vol. II, Pt. II, Q. II, Art. 3. The Subjective Par…, The Objects of Commutative Justice, n. 1749 — Forms of Contract. Forms of Contract.—The chief forms of contract are the following: (a) gratuitous contracts, which are those that confer advantage on only one of the contractants, or those in which no payment or compensation for his acts… Read in context →
Vol. II, Pt. II, Q. II, Art. 4. The Vices Opposed …, Contracts, n. 1879 — Sinful Contracts. Sinful Contracts.—There is no form of contract that may not be made sinful as to its substance on account of the wicked offer or consideration (e.g., sale may deal with immoral objects, labor may be given to criminal pro… Read in context →
Institutions of Moral Theology (Institutiones Theologiae Moralis)
Vol. II, On the Seventh and Tenth P…, X. On Mutuum, nn. 1080–1111 (32 passages)
Compendium of Moral Theology of Fr. John Peter Gury, S.J., with the Notes of Antonio Ballerini, S.J.
Vol. I, Treatise On Contracts, Second Part. On Contracts …, Sect. I, Chapter VI. On Mutuum, n. ¶1 — To be treated: 1. the nature of the contract of mutuum; 2. profit received from mutuum, or usury; 3. titles excusing from usury.Read in context →
Manuale Theologiae Moralis
Vol. II, Tr. XI, Sect. I, Q. IV, Ch. II, Art. I, § 4. On Loan for Consumption and Usury, nn. ¶49, 284, 285, 286, 287, 288, 289 & 290 (8 passages — hover a number to read it)
Summa Theologiae Moralis
Vol. II, Special Moral Theology: On…, Treatise: On the Cardinal …, Third Part: Concerning Com…, Sect. C, Ch. IV, Question One: On the Contract of Credit, n. 571 (3 passages — hover a number to read it)
Vol. II, Special Moral Theology: On…, Treatise: On the Cardinal …, Third Part: Concerning Com…, Sect. C, Ch. IV, Question One: On the Contr…, Article II: On Mutuum, nn. ¶1, 574 & 575 (19 passages — hover a number to read it)
Christian Theology, Dogmatic and Moral, in Compendium
Diss. IV, Chapter I — The definition of loan, and its properties, nn. I, II, III & IV (4 passages — hover a number to read it)
Diss. IV, Chapter VIII — On the *Monti di Pietà*, nn. I, II, III, IV, V, VI, VII, VIII & IX (9 passages — hover a number to read it)
The 1917 Code of Canon Law
Title XXIX: Of Contracts, can. 1543 — If a fungible thing is given to someone in such a way that it becomes his and afterward as much of the same kind is to be restored, no profit can be received by reason of the contract itself; but in the furnishing of a f… Read in context →
Institutiones Morales Alphonsianae
Vol. I, Pt. II, Sect. II, Tr. VII, Diss. IV, Ch. II, ARTICLE VII: On Loan for Consumption, n. ¶1 — We must treat: 1. of the nature of loan for consumption; - 2. of profit not to be perceived from loan for consumption, or of usury; - 3. of titles excusing from usury, or of loan for consumption with stipulation of inter… Read in context →
Vol. I, Pt. II, Sect. II, Tr. VII, Diss. IV, Ch. II, Art. VII, § 1. ON THE NATURE OF LOAN FOR CONSUMPTION, nn. ¶1099, ¶1100 & ¶1101 (3 passages — hover a number to read it)
Vol. I, Pt. II, Sect. II, Tr. VII, Diss. IV, Ch. II, Art. VII, § 2, OR ON USURY, nn. ¶1102, ¶1103, ¶1104, ¶1105 & ¶1106 (5 passages — hover a number to read it)
Vol. I, Pt. II, Sect. II, Tr. VII, Diss. IV, Ch. II, Art. VII, § 3, OR ON INTEREST TO BE PERCEIVED FROM A LOAN FOR CONSUMPTION, nn. ¶1, ¶1107, ¶1108, ¶1109, ¶1110, ¶1111 & ¶1112 (7 passages — hover a number to read it)
Vol. I, Pt. II, Sect. II, Tr. VII, Diss. IV, Ch. II, Art. VII, § 4. ON CERTAIN LOANS FOR CONSUMPTION IN SPECIES, nn. ¶1, ¶1113, ¶1114, ¶1115 & ¶1116 (5 passages — hover a number to read it)
Summa of Moral Theology (Summa Theologiae Moralis)
Vol. II, Part Second. On the Precep…, Book Sixth. On the Seventh…, Chapter Fourth. On Contracts, Question First. On Contrac…, Article Fourth. On Mutuum, Section 1. On the Nature of Mutuum, nn. 575, 576, 577 & 578 (4 passages — hover a number to read it)
Vol. II, Part Second. On the Precep…, Book Sixth. On the Seventh…, Chapter Fourth. On Contracts, Question First. On Contrac…, Article Fourth. On Mutuum, Section 2. On Pecuniary Mutuum, nn. 579, 580 & 581 (3 passages — hover a number to read it)
Theologia Moralis: Principles — Responses — Counsels
Vol. II, Bk. II, Tractate V: On Justice, Ch. VI, Article I: Generalities Concerning Contracts, n. 449 — IV. Mutuum and Usuries. 1. On Mutuum. 1. Notion. Mutuum is a real contract by which dominion of some fungible thing is transferred from the lender into the borrower, with the obligation of restoring the same thing similar in species and goodnes… Read in context →
Cases of Conscience, Proposed by Cardinal de Lugo, by Fr. Beniamino Elbel, by Fr. Ioannes Petrus Gury and by Other Authors, and Resolved (Casus conscientiae)
74. On Mutuum, nn. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 & 14 (44 passages — hover a number to read it)
Theologia Moralis Sancti Alphonsi: Reduced into a Compendium
Vol. I, TREATISE ON CONTRACTS, SECOND PART: ON CONTRACTS …, CHAPTER VI: ON LOAN FOR CONSUMPTION, nn. ¶1 & ¶2 (2 passages — hover a number to read it)
Vol. I, TREATISE ON CONTRACTS, SECOND PART: ON CONTRACTS …, Ch. VI, ARTICLE I: ON THE NATURE OF THE CONTRACT OF LOAN FOR CONSUMPTION, nn. ¶928, ¶929, ¶930 & ¶931 (4 passages — hover a number to read it)
Vol. I, TREATISE ON CONTRACTS, SECOND PART: ON CONTRACTS …, Ch. VI, Art. II, OR ON PROFIT PERCEIVED FROM LOAN FOR CONSUMPTION, nn. ¶1, ¶932, ¶933 & ¶934 (4 passages — hover a number to read it)
Vol. I, TREATISE ON CONTRACTS, SECOND PART: ON CONTRACTS …, Ch. VI, ARTICLE III: ON TITLES EXCUSING FROM USURY, nn. ¶1, ¶2, ¶935, ¶936, ¶3, ¶937, ¶4, ¶938, ¶939, ¶5, ¶940, ¶941, ¶942, ¶943, ¶944, ¶945, ¶946, ¶947 & ¶948 (19 passages — hover a number to read it)
Compendium of Moral Theology
Vol. I, Tr. IX, Pt. II, Sect. I, Chapter VI. On Mutuum, nn. 525, 526, 527, 528, 528, Q. 2 & 528, Q. 3 (6 passages — hover a number to read it)
Palladium Theologicum, Tome V: On the Virtues
Tr. II, Disputation VI: On the Loa…, Question I: What a loan and usury are, and why usury is a sin, nn. 1–38 (38 passages)
Tr. II, Disputation VI: On the Loa…, Question VI: Whether it is lawful to lend wheat, or something else, with the pact that it be restored in the same measure, even if the price has risen at the time of restitution, nn. 1, 2, 3, 4, 5, 6, 7, 8, 9 & 10 (10 passages — hover a number to read it)
Treated under the broader heading Contracts — Koch–Preuss · Slater, Cases I · Rickaby, Moral Philosophy · Coppens, Moral Philosophy — these works do not divide the matter as finely as we do here, so their treatment stands one heading up (ed.)