Text of the provision
Art. 1961. Usurious contracts shall be governed by the Usury Law and other special laws, so far as they are not inconsistent with this Code.
(n)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles renderings and the Official Gazette, all three of which agree word for word.
What this article means
The closing article of the Loan title, immediately before Deposit begins. It is another pointer provision: questions of usury — interest charged in excess of what the law allows — are left to the Usury Law and other special laws, applied only so far as they are not inconsistent with this Code. In practice, Central Bank Circular No. 905 (1982) suspended the Usury Law's numerical interest ceilings, so few loans today are usurious in the strict statutory sense; courts instead police unconscionable interest through their general equity power, but the underlying statutory pointer in this article has never been repealed.
Related provisions
- Article 1960 — Payment of Interest Not Stipulated.
- Article 1962 — Deposit Defined.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.