Private persons often stand surety for a business debt incurred by family members, friends, or employers. These suretyships are commonly banking guarantees contracted by means of standard terms. Sometimes the guarantor signs the contract while he/she is not aware of the financial risk related to the guarantee. He or she may not even know what a suretyship is. But in other circumstances the guarantor may be well aware of the risk, but may nonetheless assume it because of strong emotional ties which exist between him/her and the main debtor. How, then, (if at all) does the law address the potential for 'unfairness' in such situations? Some systems choose to rely on objective criteria, such as identification of a manifest disproportion between the guaranteed amount and the surety's income and assets, while others are more open to subjective inquiry. The key point is variation. Different jurisdictions in Europe operate different models with different priorities. This book provides a comparative overview of the remedies against unfair obligations of non-professional guarantors available in 22 EU Member States, based on a questionnaire which has been completed by an expert in each particular jurisdiction and covering both legal rules and the economic context of different credit markets and banking practices.
Les mer
Private persons frequently guarantee business debt incurred by family members, friends, or employers, often while unaware of the financial risk they are exposing themselves to. This book provides a comparative analysis of the law's response to potential unfairness in the practice across 22 EU Member States, setting an agenda for legal reform.
Les mer
1. Regulating Unfair Suretyships in Europe: Methodology of a Comparative Study ; 2. Suretyships and Consumer Protection in the European Union through the Glases of Law and Economics ; 3. Remarks from a Comparative and EU Perspective ; COUNTRY REPORTS ; 4. Austria ; 5. Belgium ; 6. Denmark ; 7. England and Wales ; 8. Estonia ; 9. Finland ; 10. France ; 11. Germany ; 12. Greece ; 13. Hungary ; 14. Ireland ; 15. Italy ; 16. Latvia ; 17. Lithuania ; 18. The Netherlands ; 19. Poland ; 20. Portugal ; 21. Romania ; 22. Scotland ; 23. Slovenia ; 24. Spain ; 25. Sweden
Les mer
Analyses the law and economic context of suretyships in 22 EU Member States, paving the way for potential legal reform and harmonisation Clear layout and common structure allows for easy comparisons between jurisdictions Offers a comparative perspective of fairness across the jurisdictions of the EU, allowing for further analysis of European banking practices
Les mer
Aurelia Colombi Ciacchi is a Senior Researcher at the Law Faculty and a Senior Lecturer at the Hanse Law School, University of Bremen. She specializes in comparative law, European private law, constitutional and private law, contract and liability law. Stephen Weatherill is the Jacques Delors Professor ofEuropean Community Law at the University of Oxford. He is also the Associate Director of the Centre for the Advanced Study of European and Comparative Law. He is the author of numerous articles and books, including Law and Integration in the European Union (1995, OUP), and Weatherill and Beaumont's EU Law (3rd edition 1999, Penguin), and is the editor of The Harmonisation of European Contract Law: Implications for European Private Laws, Business and Legal Practice (co-edited with S. Vogenauer, 2006, Hart).
Les mer
Analyses the law and economic context of suretyships in 22 EU Member States, paving the way for potential legal reform and harmonisation Clear layout and common structure allows for easy comparisons between jurisdictions Offers a comparative perspective of fairness across the jurisdictions of the EU, allowing for further analysis of European banking practices
Les mer

Produktdetaljer

ISBN
9780199594559
Publisert
2010
Utgiver
Oxford University Press
Vekt
1028 gr
Høyde
237 mm
Bredde
163 mm
Dybde
40 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
606

Biografisk notat

Aurelia Colombi Ciacchi is a Senior Researcher at the Law Faculty and a Senior Lecturer at the Hanse Law School, University of Bremen. She specializes in comparative law, European private law, constitutional and private law, contract and liability law. Stephen Weatherill is the Jacques Delors Professor ofEuropean Community Law at the University of Oxford. He is also the Associate Director of the Centre for the Advanced Study of European and Comparative Law. He is the author of numerous articles and books, including Law and Integration in the European Union (1995, OUP), and Weatherill and Beaumont's EU Law (3rd edition 1999, Penguin), and is the editor of The Harmonisation of European Contract Law: Implications for European Private Laws, Business and Legal Practice (co-edited with S. Vogenauer, 2006, Hart).