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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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Making Foreign People Pay

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Ali Cem BudakIstanbul University, Turkey

ISBN13: 9781840144369
ISBN: 184014436X
Published: February 2001
Publisher: Routledge
Format: Hardback
Price: Out of print

This is a socio-legal study concerning debt and debt collection. The frame of reference of this study on the legal sociology of debt is the international aspects of debt and debt collection. The debtor and creditor will be private persons or corporations separated by national borders. As a result, the author gives greater weight to business-to-business (commercial) debts. Debt means something different in the business world, the risk of non-payment is inherent to commercial activities. Business creditors are able to calculate and ""manage"" the risk of non-payment. Consumer debt deserves to be dealt with as a social problem, commercial debt is an economic phenomenon. For this reason the study focuses on the enforcement of monetary claims rather than debt as a social problem.;The book is in three parts. These parts consider judicial, extra-judicial and cross-border methods of debt collection. Comparisons are made between England, Germany and Turkey, and EU aspects are also considered.

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Part 1 Public enforcement - judicial methods of debt collection: debt recovery in Germany; debt recovery in England; debt recovery in Turkey; results of the comparison between German, English and Turkish debt recovery law; role of lawyers in cross-border debt collection; recourse to national courts in cross-border debt collection; factors impeding access to justice in cross-border debt collection; conclusions.
Part 2 Private enforcement - extra-judicial methods of debt collection: routinization and privatization of debt collection; commercial cross-border debt collection in Germany; commercial cross-border debt collection in England; business organizations of debt collection agencies; conclusions.
Part 3 Collection of debts and management of credit risks in international trade: collection and security methods employed in international trade; a survey of the collection and security methods used by exporters; conclusions.
Part 4 Conclusion: globalization of private law enforcement.