Regulation Of Debt Collection In Europe
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Regulation Of Debt Collection In Europe
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Author : Cătălin Gabriel Stănescu
language : en
Publisher: Taylor & Francis
Release Date : 2022-11-25
Regulation Of Debt Collection In Europe written by Cătălin Gabriel Stănescu and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-25 with Law categories.
Due to the absence of due process and other procedural guarantees generally offered by judicial enforcement, informal debt collection practices (IDCPs) can become abusive, harming both consumers and the economy by threatening consumers’ physical, psychological, and economic wellbeing; exposing lawabiding debt collectors to unfair competition; undermining the financial system; and negatively impacting social peace by resorting to criminal activity. The need to control and harmonize IDCPs surfaced in connection with the European Commission’s Action Plan to tackle the high level of non-performing loans caused by the financial crisis and the Covid-19 pandemic –specifically the Proposal for a Directive on Credit Servicers, Credit Purchasers, and the Recovery of Collateral (CSD). Harmonizing the regulation of abusive IDCPs is vital for several reasons. First, IDCPs have a cross-border dimension due to the freedom of movement, enabling debt collection operations across the internal market. Second, the internal market’s size amounts to over 450 million citizens potentially exposed to abusive IDCPs. The regulatory frameworks addressing IDCPs in the E.U. display divergent characteristics that may be difficult to navigate and require creating a level-playing field for consumers and debt collectors, especially when approaches vary at Member State level. This book addresses this gap by providing a comprehensive guide to regulating informal debt collection practices in eight Member States of the E.U. and the United Kingdom (U.K.). It serves as a comparative law instrument for implementing the recently adopted CSD. It will be important reading for students, academics, and stakeholders with an interest in debt collection practices and the law.
Regulation Of Debt Collection In Europe
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Author : Cătălin Gabriel Stănescu
language : en
Publisher: Routledge
Release Date : 2022
Regulation Of Debt Collection In Europe written by Cătălin Gabriel Stănescu and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Law categories.
"Due to the absence of due process and other procedural guarantees generally offered by judicial enforcement, informal debt collection practices (IDCPs) can become abusive, harming both consumers and the economy by threatening consumers' physical, psychological, and economic wellbeing; exposing law-abiding debt collectors to unfair competition; undermining the financial system, and negatively impacting social peace by resorting to criminal activity. The need to control and harmonize IDCPs surfaced in connection with the European Commission's Action Plan to tackle the high level of non-performing loans caused by the financial crisis and the Covid-19 pandemic - specifically the Proposal for a Directive on Credit Servicers, Credit Purchasers, and the Recovery of Collateral (CSD). Harmonizing the regulation of abusive IDCPs is vital for several reasons. First, IDCPs have a cross-border dimension due to the freedom of movement, enabling debt collection operations across the internal market. Second, the internal market's size amounts to over 450 million citizens potentially exposed to abusive IDCPs. The regulatory frameworks addressing IDCPs in the EU display divergent characteristics that may be difficult to navigate and require creating a level-playing field for consumers and debt collectors, especially when approaches vary at Member State level. This book addresses this gap by providing a comprehensive guide to regulating informal debt collection practices in eight Member States (MS) of the EU and the United Kingdom (UK). It serves as a comparative law instrument for implementing the recently adopted Credit Servicers Directive (CSD). It will be important reading for students, academics and stakeholders with an interest in debt collection practices and the law"--
Self Help Private Debt Collection And The Concomitant Risks
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Author : Cӑtӑlin Gabriel Stӑnescu
language : en
Publisher: Springer
Release Date : 2015-08-25
Self Help Private Debt Collection And The Concomitant Risks written by Cӑtӑlin Gabriel Stӑnescu and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-25 with Law categories.
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 European Account Preservation Order Regulation
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Author : Gilles Cuniberti
language : en
Publisher: Cambridge University Press
Release Date : 2018-05-03
The European Account Preservation Order Regulation written by Gilles Cuniberti and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-03 with Law categories.
The European Account Preservation Order (EAPO) Regulation provides a protective measure for creditors wishing to freeze the bank account of their debtor, preventing the transferral or withdrawal of funds. Courts can issue freezing measures over bank accounts located in other member states, thereby establishing a new remedy for cross-border debt recovery in Europe. This book provides a detailed article-by-article commentary of the EAPO Regulation. It describes its legislative history and structure and carries out a critical analysis of its provisions and recitals, focusing on the practical implementation of the instrument. The commentary also provides additional focus on the interplay between the EAPO Regulation and the existing EU instruments and framework, and examines specific issues that the implementation of the Regulation might raise in member states. This is an important resource tool for practitioners, legal scholars and students interested in the theoretical and practical implications of the EAPO Regulation.
Legal Solutions To Debt Problems
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Author : Council of Europe. Committee of Ministers
language : en
Publisher: Council of Europe
Release Date : 2008-01-01
Legal Solutions To Debt Problems written by Council of Europe. Committee of Ministers and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Political Science categories.
The Council of Europe Committee of Ministers' Recommendation Rec(2007)8 on legal solutions to debt problems is the first international legal instrument that estabishes a set of legal principles in order to assist national legislators in introducing or reinforcing laws and policies in this field. The recommendation covers three main areas: prevention of over-indebtedness of individuals and families, alleviation of the effects of debt recovery in order to avoid social exclusion and rehabilitation of over-indebted individuals with due regard to their human dignity.
Consumer Debt And Social Exclusion In Europe
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Author : Professor Hans W Micklitz
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2015-07-28
Consumer Debt And Social Exclusion In Europe written by Professor Hans W Micklitz and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-28 with Law categories.
This study fills a vital gap in the current literature on the effects of the financial and economic crisis, and features detailed reports from six European countries which form the empirical background for five analyses of different aspects of the social inclusion-exclusion dichotomy through over-indebtedness in Europe since 2008. The account shows how the current design of the consumer credit and mortgage system in Europe has helped to produce individual over-indebtedness while disregarding the consequential danger of social exclusion.
Cross Border Debt Recovery In The Eu
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Author : Elena Alina Onţanu
language : en
Publisher:
Release Date : 2017
Cross Border Debt Recovery In The Eu written by Elena Alina Onţanu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Civil law categories.
This book evaluates the application of the first autonomous European civil procedures: the European Order for Payment and the European Small Claims Procedure.
European Insolvency Proceedings
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Author : Patryk Filipiak
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-10-13
European Insolvency Proceedings written by Patryk Filipiak and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-13 with Law categories.
In the European Union, the effectiveness of judicial protection granted to a business or consumer in crisis depends on the extent and manner in which court rulings in bankruptcy and restructuring cases are recognised in all Member States. This article-by-article commentary on Regulation (EU) 2015/848 provides expert guidance through the entire course of insolvency proceedings, clearly showing how to solve specific problems that arise in insolvency cases with a cross-border element, including aspects such as jurisdiction, applicable law, recognition and enforceability of judgments and coordination of group of companies’ insolvencies. For any party instituting an insolvency proceeding in an EU Member State, the commentary provides such detailed guidance as the following: identifying the appropriate internationally competent court for filing; terms pursuant to which a judgment can be recognised; duties of an insolvency practitioner (IP); IP’s authority in the territory of another state; IP’s obligations towards creditors in another state; rights of foreign creditors; admissibility of conducting secondary insolvency proceedings; conducting simultaneous insolvency proceedings against the same debtor; permissible forms of contact and cooperation between judges and parties to the proceedings; and conducting proceedings involving a group of companies. An important feature of the commentary highlights the standpoints of lawyers from Central and Eastern Europe, where the commercial judiciary operates in a distinctly different way from that in countries with a well-established market economy system. Interpretation of provisions of the Regulation by lawyers from this part of Europe enhances the scope of legal argument both in the economic sphere and in the sphere of justice. With its detailed and in-depth description of international jurisdiction, recognition, and universal and territorial effects of insolvency proceedings, this practical book will be welcomed by counsel to business persons conducting international activity, trustees in bankruptcy, tax advisers, court enforcement officers, academics dealing with insolvency law, banks dealing with the collection of receivables, and debt collection companies. In addition, as a contribution to the debate on the optimal model for the international consequences of insolvency proceedings, its discussion of issues related to national jurisdiction, bankruptcy and restructuring of groups of companies, and international judicial cooperation will be particularly valuable for researchers.
European Fair Trading Law
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Author : Geraint Howells
language : en
Publisher: Routledge
Release Date : 2016-04-22
European Fair Trading Law written by Geraint Howells and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with Law categories.
The Unfair Commercial Practices Directive is the most important directive in the field of trade practices to have emerged from the EC but it builds upon European activity which has sought to regulate trade practices on both a sectoral and horizontal level. It is an umbrella provision, which uses general clauses to protect consumers. How effective this approach is and how it relates the existing acquis are fundamental issues for debate. This work provides a critical appraisal of the Unfair Commercial Practices Directive linking discussion of it to general debates about how fair trading should be regulated. It explains how the Directive fits into the existing acquis. It also examines national traditions where these are necessary to explain the European approach, as in the case of general clauses. The book will be a valuable tool for any student of consumer law seeking to understand the thinking behind the directive and how it will affect national laws. It will also influence policy makers by suggesting how the directive should be interpreted and what policy lies behind its formulation. Businesses and their advisers will use the book as a means of understanding the new regulatory climate post-the directive.
The Law Of Security And Title Based Financing
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Author : Hugh Beale
language : en
Publisher: OUP Oxford
Release Date : 2012-03-22
The Law Of Security And Title Based Financing written by Hugh Beale and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-22 with Law categories.
Personal property security is an important subject in commercial practice, as it is the key to much of the law of banking and sale. This second edition has been fully updated and expanded to cover all important issues and changes within this highly complex area of law. It explains traditional methods of securing debts (such as mortgages, charges, and pledges) on property other than land, describing how these are created, how they must be registered (or otherwise 'perfected') if they are to be valid, the rights and duties of the parties, and how the security is enforced if the debt is not paid. The new edition includes an expanded section on priorities in which it explains how 'priority' disputes between competing interests over the same property are resolved. In addition the book covers the law governing other transactions that perform a similar economic function (such as finance leases, retention of title clauses, and sales of a company's book debts). These are not currently treated by the law as security and are therefore subject to different rules on perfection, priority, and enforcement. There is much expansion of the discussion relating to enforcement including the issue of 'right of use' following Lehman, more analysis on administration and all forms of non-possessory security and quasi-security, and a new chapter on enforcement of security addressing the right of appropriation under FC/FCAR and the Cukurova case. The conflict of laws section includes developments under the Rome I Regulation affecting assignment issues, the UNIDROIT Convention 2009 in relation to tiered holdings and the Cape Town Convention's extensions made to coverage of asset-backed security over equipment. It also addresses the changes brought about by the abolition of Slavenburg registration. This edition contains relevant points from the Banking Act 2009 concerning its impact on security, such as the power to protect certain interests on a transfer of property, and also considers amendments regarding liquidators' expenses under the Insolvency Rules. The authors additionally deal with the role of step-in rights and why they are part of the statutory definition of project finance in the Enterprise Act. Previously published as The Law of Personal Property Security, this new edition brings together all of the law on this complex area, providing guidance in the context of commercial practice, especially with increased coverage of conflict of laws, priority, insolvency, and enforcement.