Úvěr, jeho právní úprava a druhy

In the socialist national economy credit takes an important part, since even under socialism the properties of circulation of floating assets produce a certain disparity of various payments for the purchase of raw materials, wages etc., the consequence being systematic freeing of finance. Credit relations in the economic sense arise in the process of production and circulation when an owner of goods surrenders them without receiving money at the same time or when a buyer pays the seller prior to receiving goods. Apart from that, of course, credit originates in that financial means are simply lent with the liability to be repaid after the time fixed. This is the general conception of credit. From the legal aspect credit is represented by a money loan. The two terms – credit and loan – are used equivalently side by side. However, by credit is usually meant the relation between debtor and creditor, while at least one of the parties is a legal not a natural person. In relations between citizens, i.e. natural persons, the term credit is used exceptionally. Crediting organisations, i.e. granting credit is governed by a number of regulations. The gist of the problems is contained in Decree No. 101/1985 Coll. on granting credits and on interest rates. Credits are granted also in conformity with the principles of the internal and foreign banking monetary policy, approved after 1985 by the Decree of the Government of the Czechoslovak Socialist Republic of October 31, 1985, No. 289, published in the Collection of Statutes under No. 135, of 1985. The banking credit policy after 1985 is directed at a faster enforcement of intensification growth factors of the economy and its higher effectiveness mainly by taking advantage of the scientific and technical development and by a wider engagement in the international division of labour as well as at safeguarding them planned dynamics of the expansion of the national economy. It serves thereby to strengthen the economic equilibrium and stability of the purchasing power of the Czechoslovak Crown. In its credit policy the bank continues on the way of credit differentiation taken in the 6th and 7th Five Year Plan, while seeking a greater balance of the differentiating action both in the direction of strengthening effective elements mobilising thereby the enterprise sector to higher effectiveness and in the direction of afflicting more strictly ineffectiveness by refusing credit, by premature credit repayment, by restricting the amount and some types of credit and by applying credit sanctions, mainly sanction interest. The credit policy conceived in this way serves to safeguard the monetary plan tasks and, in particular, compliance with the so called credit directive issued by the CSSR Government to the bank for the direction of the credit volume. In its implementation the bank proceeds newly from the criteria of effective credit utilisation.