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Vol 23 No 2 Feb/March 2018

Book of the Month

Cover of The UK Supreme Court Yearbook Volume 8: 2016-2017 Legal Year

The UK Supreme Court Yearbook Volume 8: 2016-2017 Legal Year

Edited by: Daniel Clarry
Price: £120.00

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

ISBN13: 9783319215020
Published: September 2015
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £117.00

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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.

Insolvency Law
1. Introduction.
2. General Background and History of Self-Help and Private Enforcement.
3. Self-Help and Contract Law.
4. Active Self-Help: Self-Help Repossession, Administrative Receivership, Private Disposition of Collateral and Strict Foreclosure.
5. Factoring, Bad Debt and Collection Agencies.
6. Abusive Debt Collection Practices and the Building Blocks of an Efficient Debt Collection Regime.
7. Remedies Against Abusive Practices and Calls for Reform.
8. Conclusions.