Self-Help, Private Debt Collection and the Concomitant Risks
A Comparative Law Analysis
Authors: Stӑnescu, Cӑtӑlin Gabriel
Free Preview- 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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- About this book
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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.
- Table of contents (8 chapters)
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Introduction
Pages 1-11
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General Background and History of Self-Help and Private Enforcement
Pages 13-50
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Self-Help and Contract Law
Pages 51-97
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Active Self-Help: Self-Help Repossession, Administrative Receivership, Private Disposition of Collateral and Strict Foreclosure
Pages 99-161
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Factoring, Bad Debt and Collection Agencies
Pages 163-207
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Table of contents (8 chapters)
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Bibliographic Information
- Bibliographic Information
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- Book Title
- Self-Help, Private Debt Collection and the Concomitant Risks
- Book Subtitle
- A Comparative Law Analysis
- Authors
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- Cӑtӑlin Gabriel Stӑnescu
- Copyright
- 2015
- Publisher
- Springer International Publishing
- Copyright Holder
- Springer International Publishing Switzerland
- eBook ISBN
- 978-3-319-21503-7
- DOI
- 10.1007/978-3-319-21503-7
- Hardcover ISBN
- 978-3-319-21502-0
- Softcover ISBN
- 978-3-319-37399-7
- Edition Number
- 1
- Number of Pages
- XVI, 315
- Topics
