Self-help, Private Debt Collection And The Concomitant Risks: A Comparative Law Analysis
by Cӑtӑlin Gabriel Stӑnescu /
2015 / English / PDF
4.3 MB Download
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.
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.