Descriere
Amanetul este un contract prin care datornicul remite creditorului sau un lucru mobil spre siguranta datoriei.
Amanetarea, creditarea sau împrumutul rapid de bani lichizi este una dintre cele mai vechi activități din lume. La fel ca și în zilele noastre, și în trecut, oamenii aveau nevoie de împrumuturi rapide, pentru perioade scurte de timp. Încă din Antichitate, pe vremea primelor civilizații, oamenii utilizau obiectele lor de valoare, pentru a primi banii de care aveau nevoie iar când returnau suma împrumutată, ei își recuperau obiectele.
Însă nu doar oamenii săraci și simpli se bucurau de serviciile Amanetului. Ca să-i sponsorizeze lui Cristofor Columb expedițiile sale în care a descoperit America, regina Isabella a Spaniei a apelat la o casă de amanet, unde a lăsat drept garanție bijuteriile sale. De asemenea, Regele Eduard III-lea al Angliei, în secolul al XIV, și-a amanetat bijuteriile pentru a finanța războiul cu Franța. Henric al V-lea, în secolul XV.
În Europa au existat două familii renumite pentru activitatea de amanet. Una era în Anglia, și se numea Lombard, și alta în Italia, numindu-se Casa de Medici.
Amanetul da creditorului dreptul de a fi platit din lucrul amanetului, cu preferinta inaintea altor creditori.
Ca sa rezulte preferinta se cere un act inregistrat in regula, ce sa enunte suma datorita, specia si natura lucrurilor amanetate sau o descriptie de calitate, greutatea si masura lor.
Facerea unui act inscris si inregistrat nu este neaparat decat cand datoria trece peste 250 lei.
Cu privire la inregistrarea actului de amanet, la care se refera art. 1686, a se vedea art. 710 si 719 Cod procedura civila – D.(L) 1228, Monitorul Oficial nr. 281 din 15 martie 1900, republicat in Monitorul Oficial nr. 45 din 24 februarie 1948, cu modificarile ulterioare.
Important:
Amanetarul trebuie să verifice şi să evalueze gratuit obiectele pe care vrem să le amanetăm, şi să explice clientului, în detaliu, condițiile şi termenii contractului de împrumut. Trebuie să aibă cântar electronic omologat, iar afișajul trebuie să fie şi la vederea clientului. O firmă serioasă de amanet nu percepe niciodată dobânda la încheierea contractului (reținând dobânda din suma împrumutată), ci la rambursare, când venim să recuperăm bijuteriile. După ce încheiem contractul de amanetare, neapărat trebuie să primim şi noi un exemplar.
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