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

C¿t¿lin Gabriel St¿nescu

ISBN 10: 3319215027 / ISBN 13: 9783319215020

Published by Springer International Publishing, Springer, 2015

About this Item

Druck auf Anfrage Neuware - Printed after ordering - 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.

Seller Inventory # 9783319215020

Bibliographic Details

• Title: Self-Help, Private Debt Collection and the Concomitant Risks : A Comparative Law Analysis
• Publisher: Springer International Publishing, Springer
• Publication Date: 2015
• Language: English
• ISBN 10: 3319215027
• ISBN 13: 9783319215020
• Binding: Buch
• Condition: Neu
• Dimensions: 241W x 160H x 24D millimeters 241 millimeters width by 160 millimeters height by 24 millimeters depth
• Weight: 664 grams

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.