Self-Help, Private Debt Collection and the Concomitant Risks [electronic resource] : A Comparative Law Analysis /
Stӑnescu, Cӑtӑlin Gabriel.author.
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.
Description based upon print version of record.
Includes bibliographical references at the end of each chapters.
1. Introduction -- 2. General Background and History of Self-Help and Private Enforcement -- 3. Self-Help and Contract Law -- 4. Active Self-Help: Self-Help Repossession, Administrative Receivership, Private Disposition of Collateral and Strict Foreclosure -- 5. Factoring, Bad Debt and Collection Agencies -- 6. Abusive Debt Collection Practices and the Building Blocks of an Efficient Debt Collection Regime -- 7. Remedies Against Abusive Practices and Calls for Reform -- 8. Conclusions.
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.
Private international law.
Conflict of laws.
Law—Europe.
Finance.
International law.
Trade.
Private International Law, International & Foreign Law, Comparative Law .
European Law.
Finance, general.
International Economic Law, Trade Law.