Professional Documents
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FUNDAMENTALS
PROF: CAROLINE GRACE E. MELLA
Definition of CREDIT
is an arrangement to receive
cash, goods or services now and
pay for them later.
This is the easiest and simplest
definition.
(Personal Finance – Kapoor,
Dlabay, and Hughes, 2nd ed.)
Definition of CREDIT
In business, credit is viewed
differently. To a lender it connotes
trust on the borrower’s capacity
and willingness to pay.
To the borrower, it is the ability to
obtain goods or services in
exchange for a promise to pay.
Definition of CREDIT
It is also defined as a transaction
involving the transfer of goods,
services, funds, property or rights,
thereby creating an obligation
on the part of those who receive
them, that must be complied in
the future.
This definition indicates an exchange
between 2 parties:
The first party providing the goods,
services, funds, property or a right and the
second party, who receives any of them,
will have the obligation to comply with this
obligation by promising to pay for them in
cash, in kind or to return the thing
borrowed.
These parties, respectively, are generally
called the creditor and the debtor.
The 5 items that are provided by the lender or creditor
are more or less, very commonly encountered by
ordinary individuals: (SCHEDULE)
Items – Examples:
1. Goods – groceries, appliances, medicines, hardware
2. Services – Car repair, beauty parlor services, electrical
3. Funds – cash loan from a pawnshop, bank or friend
4. Property – a hammer temporary use by a neighbor, a
car for use in an errand (personal properties); a beach
house for use for a weekend (real property)
5. Rights – Possession or use of a commercial store space
bonds, stocks, loan on receivables
For these items, the terms used for the providers of the
goods, services, funds, etc. and the users would certainly
vary.
1. For goods and services, a CREDITOR-DEBTOR
relationship is created. The provider of goods and
services is called the CREDITOR and the recipient or
user, the DEBTOR.
2. For funds, the terms used are LENDER AND BORROWER.
3. For rights, LESSOR (who owns commercial store for rent)
and the LESSEE (he who rents it)
4. For properties, where transactions are covered by
contracts, the owner of the personal or real property
being lent (by the owner or possessor) is called the
BAILOR and the borrower, the BAILEE.
CREDIT TRANSACTION
Not all of the 5 types of transactions would
necessarily result in the creation of credit.
Most of the credit transactions, however are almost
always SALE TRANSACTIONS and CASH LOANS.
A transfer of goods without a sale is of course
possible.
According to Article 1458 of the Civil Code, “by the
contract of sale one of the contracting parties
obligates himself to transfer the ownership of goods
or services and to deliver a determinate thing and
the other to pay therefore a price in money or its
equivalent.”
CREDIT TRANSACTION
Not all of the 5 types of transactions would
necessarily result in the creation of credit.
Most of the credit transactions, however are almost
always SALE TRANSACTIONS and CASH LOANS.
A transfer of goods without a sale is of course
possible.
According to Article 1458 of the Civil Code, “by the
contract of sale one of the contracting parties
obligates himself to transfer the ownership of goods
or services and to deliver a determinate thing and
the other to pay therefore a price in money or its
equivalent.”
CREDIT TRANSACTION
In a sale, whether on a credit management or
not, it is the intention of the parties (the seller and
the buyer) that both the ownership and
possession of goods or services be transferred to
the buyer, who must pay for them.
The transfer of ownership is evident in Art. 1458
“to transfer ownership of goods or services; the
transfer could be inferred from the Article: TO
DELIVER. Delivery refers to transfer of possession.
CREDIT TRANSACTION
In a sale, the seller’s obligation is to deliver a
determinate thing, that of the buyer is to pay for
it – either now or in the future.
If he pays now, the buyer’s obligation is FULLY
COMPLIED AND EXTINGUISHED, and there IS NO
CREDIT TRANSACTION.
If he promises to pay in the future, the obligation
will remain outstanding until fully paid. By
promising to pay later, a CREDIT OBLIGATION
ARISES.
CREDIT TRANSACTION
In rent transactions, credit would sometimes result.
Since most rental contracts require advance
payment for the incoming month, credit is never
intended to be a result of a result of rental contract.
When a lessee defaults or fails to pay on a rental
payment, credit is not actually created.
A credit transaction is consummated by mutual
consent and the non-payment of rent on due date is
certainly not intended by the lessor or owner of the
rental property.
CREDIT TRANSACTION
However, by virtue of a grace period (time
allowance to pay a rental beyond the due
date), usually included in most lease
contracts, a credit transaction is
AUTOMATICALLY CREATED ON A
TEMPORARY BASIS.
When a lessee requests for an extension
beyond the grace period, and it is
approved by the lessor, a credit
transaction also results by musual consent.
Provisions of the Civil Code that govern a
particular type of Transaction: