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

CÓ tÓ lin Gabriel StÓ nescu

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ISBN 10: 3319215027 / ISBN 13: 9783319215020
Published by Springer, 2015
Condition: Good Hardcover
From Books Express (Portsmouth, NH, U.S.A.)

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Bibliographic Details

Title: Self-Help, Private Debt Collection and the ...

Publisher: Springer

Publication Date: 2015

Binding: Hardcover

Book Condition: Good

Edition: 1st ed. 2015.

About this title

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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