المسؤولية في مجال القرض البنكي

Abstract

The importance of the banking credit is not anymore to demonstrate today: that it is part of the public life and the private life is an indisputable reality. However, and facing the reality of its importance, the banking credit is also dangerous, capable to provoke the reduction or the cease of the activities instead of their widening, and the bankruptcy of the societies instead of creating some others. This danger imposes the intervention of the state, from one side, in order to frame the banking credit operation to surround the bad consequences, from another side, to control the enterprises that make of it an usual profession to make sure of their respect of the texts governing this operation, and in order to punish the default to this obligation. However, it is obvious that the intervention of the state does not directly protect except the general interest, the badly managed credit could yet put lot of private interests in danger. The object of the thesis carrying for title" the responsibility concerning banking credit" puts in evidence the role of the justice in the institution of the adequate principles of responsibility, either the responsibility bound to the intervention of the state, or the civil responsibility concerning banking credit