mutuatante

Mutuatante is a term used in civil law to denote the lender in a mutuo, or loan, contract. The mutuatante is the party that provides funds to the mutuatario, who is the recipient of the loan. In English-language summaries this role is typically described as the lender or creditor. The exact terminology can vary by jurisdiction and drafting practice, and some texts may also use related forms such as mutuatore or simply creditor.

Etymology and usage. The word mutuatante is formed from mutuo (loan) with the agent noun suffix -ante, indicating the doer of the action. In many legal traditions the borrower is called mutuatario, while the lender is the mutuatante or, more commonly, mutuatore. The concept is closely tied to the mutuo contract, a bilateral agreement whereby funds are lent with an obligation to repay the principal, usually with interest and within a specified term.

Rights and obligations. The mutuatante’s primary obligation is to deliver the loaned funds as agreed. In return, the mutuatante typically has the right to receive repayment of the principal and interest according to the contract. The mutuatante may require collateral or guarantees and may have remedies in case of default, subject to applicable contract and property laws. Depending on the contract, the loan may be onerous (with consideration, such as interest) or gratuitous (no interest). Legal rules, including usury or interest-rate limits, can affect the enforceability of terms.

See also. Mutuo, Mutuatario, Usury laws, Creditor, Loan agreement.

Note. The term mutuatante is more common in certain jurisdictions or formal legal language; in everyday practice, lenders are frequently referred to simply as the mutuatante/mutuatore or the creditor.