Self-Help, Private Debt Collection and the Concomitant Risks: A Comparative Law Analysis - Softcover

Stӑnescu, Cӑtӑlin Gabriel

 
9783319373997: Self-Help, Private Debt Collection and the Concomitant Risks: A Comparative Law Analysis

Synopsis

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.

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From the Back Cover

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.

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Other Popular Editions of the Same Title

9783319215020: Self-Help, Private Debt Collection and the Concomitant Risks: A Comparative Law Analysis

Featured Edition

ISBN 10:  3319215027 ISBN 13:  9783319215020
Publisher: Springer, 2015
Hardcover