The Legal Concept of Excessive Usury on Sale and Lending and the Liability Arising Therefrom in the Jordanian Criminal Law and Civil Law: A Comparative Study with French Law

Abstract

This study addresses the legal concept of excessive usury in sales and lending and the liabilities arising from such practices. It is structured into two main sections. The first section focuses on the legal concept of excessive usury on sale and lending. It is divided into two subsections: the first discusses the definitions of sale and loan contracts. In contrast، the second examines the legal concept of interest and its regulation under Jordanian and French law.

The second section deals with civil and criminal liabilities arising from usurious transactions. It is also divided into two subsections: the first addresses criminal liability، while the second covers civil liability.

The study reviews the articles of both Jordanian and French law، analyzing their provisions and effectiveness in deterring offenders، employing a comparative descriptive and analytical approach. This includes comparisons between Jordanian civil and criminal law and the juxtaposition of Jordanian criminal law with French law.

The study concludes with findings and recommendations، highlighting a conflict between Jordan's Penal Code، which permits contractual usury within certain limits، and the Civil Code، which does not. A key recommendation is for Jordanian legislators to introduce penalties and preventive measures against usurious practices similar to those in French law، including closing convicted companies and banning offenders from public service or professional activities related to loans and usurious sales.