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Money, Bank Credit, and Economic Cycles - The Ludwig von Mises ...

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92 <strong>Money</strong>, <strong>Bank</strong> <strong>Credit</strong>, <strong>and</strong> <strong>Economic</strong> <strong>Cycles</strong>transfer of availability of the tantundem <strong>and</strong> therefore, for allpractical purposes, there is no full transfer of property. Heexpresses himself quite well: “they [bankers] must underst<strong>and</strong>that the money is not theirs, but belongs to others; <strong>and</strong>it is not fair that by using it, they cease to serve its owner.”Tomás de Mercado adds that bankers should obey two fundamentalprinciples. First: they shouldnot strip the bank so bare they cannot then cover the draftsthey receive, because if they become unable to pay thembecause they have spent <strong>and</strong> invested the money in shadybusiness <strong>and</strong> other deals, they certainly sin. . . . Second: theyshould not become involved in risky business deals, for theysin even if the deals turn out successfully, because thebankers chance not being able to fulfill their responsibilities<strong>and</strong> doing serious harm to those who have trusted them. 92Though one could take these recommendations as an indicationthat Tomás de Mercado resigns to accept a certain fractionalreserve, it is important to keep in mind that he is veryemphatic in expressing his legal opinion that depositedmoney does not ultimately belong to bankers but to depositors,<strong>and</strong> in stating, furthermore, that none of the bankerscomplies with his two recommendations:however, since when business goes well, in affluent circumstances,it is very difficult to bridle greed, none of themtakes heed of these warnings nor meets these conditions. 93For this reason, he considers the regulations enacted by theEmperor Charles V in this respect to be very beneficial. <strong>The</strong>yprohibited bankers from carrying out personal business deals<strong>and</strong> were aimed at eliminating the temptation to finance suchdealings indefinitely with money obtained from depositors. 9492 Mercado, Suma de tratos y contratos, vol. 2, p. 480 of the Instituto deEstudios Fiscales edition <strong>and</strong> p. 401 of the Restituto Sierra Bravo edition.93 Ibid.94 Nueva Recopilación, law 12, title 18, book 5, enacted in Zamora on June6, 1554 by Charles V, Queen Juana, <strong>and</strong> Prince Philip; it reads:

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