Overview
- First comprehensive and comparative work on the topic of self-help and private debt collection in the US and traditional European jurisdictions
- First work dedicated to private enforcement and non-judicial debt collection in Europe
- Provides an unique analysis of efficient, fair debt collection practice laws
- Presents a critical examination of the current European legislation and the Draft Common Frame of Reference on the issue of private enforcement
- Includes a large number of cases, making it suitable for both academics and practitioners
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Table of contents (8 chapters)
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Front Matter
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Back Matter
Keywords
About this book
The book shows that self-help in commercial law is a fast, inexpensive and efficient alternative to court enforcement. Self-help remedies and private debt collection are largely but not exclusively features of common law jurisdictions, since remnants of private enforcement can still be found in contract law in civilian systems. The book argues that – despite their usefulness – self-help and private debt collection entail significant risks, especially for consumer debtors. This means that private enforcement needs to be accompanied by the introduction of tailor-made consumer-debtor protection regulation. Specific attention is given to factoring, which functions in many instances as a form of pseudo-private debt collection and which has been exploited to bypass sector-specific consumer protection regulations.
Authors and Affiliations
Bibliographic Information
Book Title: Self-Help, Private Debt Collection and the Concomitant Risks
Book Subtitle: A Comparative Law Analysis
Authors: Cӑtӑlin Gabriel Stӑnescu
DOI: https://doi.org/10.1007/978-3-319-21503-7
Publisher: Springer Cham
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer International Publishing Switzerland 2015
Hardcover ISBN: 978-3-319-21502-0Published: 07 September 2015
Softcover ISBN: 978-3-319-37399-7Published: 22 October 2016
eBook ISBN: 978-3-319-21503-7Published: 25 August 2015
Edition Number: 1
Number of Pages: XVI, 315
Topics: Private International Law, International & Foreign Law, Comparative Law, European Law, Finance, general, International Economic Law, Trade Law