Uticaj Srpske pravoslavne crkve na kamatu u srpskom srednjevekovnom pravu

Abstract

The loan agreement is a contract with a long and most turbulent history. Friendly loans is existed in every civilization, from the first communities to the present day. Loans with interest, however, are closely scrutinized by almost every legal system. Because these loans are very much open to abuse, governments have almost always had tendencies to prevent such outcomes by limiting interest rates. There are two extreme solutions: allowing high interest rates, as in some ancient legal systems, or as in some modern capitalist systems. On the other side of the spectrum is the suppression of interest as a „root of evil”, i.e. its complete prohibition, as suggested by the Roman Catholic Church or Islam, as well as in the formal socialist states. The Serbian Orthodox Church, as one of the local orthodox Churches, finds itself between these two extreme beliefs. Medieval Serbian states, mostly rooted in the Byzantine version of Roman law, started practicing usurious loans early. Serbian Church, mainly because of Saint Sava (Nemanjić) took a conservative attitude towards interest rates. As the economy grew, the prohibitions seemed to be less and less effective. From the time of emperor Dušan, according to the theory of symphony between the Church and State, middle ground solution was found by: prohibiting the clergy to charge interest; allowing civilians to charge interest, while limiting interest rates.The Serbian Orthodox Church would hold fast to this attitude throughout the Middle Ages, all the way to the present day. Although the Republic of Serbia is a secular state, the clergy obeys the same canonic rules. Interest rates are accordingly regulated and usurious contracts are prohibited.