Self-help, private debt collection and the concomitant risks: A comparative law analysis

TY - BOOK

T1 - Self-help, private debt collection and the concomitant risks

T2 - A comparative law analysis

AU - Stanescu, Catalin-Gabriel

N1 - Includes bibliographical references

PY - 2015/8/25

Y1 - 2015/8/25

N2 - 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.

AB - 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.

KW - LAW / Administrative Law & Regulatory Practice

KW - Self-help (Law)

KW - Collection laws

M3 - Book

SN - 9783319215020

SN - 3319215027

SN - 3319215035

BT - Self-help, private debt collection and the concomitant risks

PB - Springer

CY - Cham

ER -