Self Help Private Debt Collection And The Concomitant Risks
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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.
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.
Energy Law In Romania
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Author : Ca ̆ta ̆lin Gabriel Sta ̆nescu
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-08-03
Energy Law In Romania written by Ca ̆ta ̆lin Gabriel Sta ̆nescu 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 2018-08-03 with Law categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to legislation and legal practice concerning energy resources and production in Romania. The book describes the administrative organization, regulatory framework, and relevant case law pertaining to the development, application, and use of such forms of energy as electricity, gas, petroleum, and coal, with attention as needed to the pervasive legal effects of competition law, environmental law, and tax law. A general introduction covers the geography of energy resources, sources and basic principles of energy law, and the relevant governmental institutions. Then follows a detailed description of specific legislation and regulation affecting such factors as documentation, undertakings, facilities, storage, pricing, procurement and sales, transportation, transmission, distribution, and supply of each form of energy. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are explained. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for energy sector policymakers and energy firm counsel handling cases affecting Romania. It will also be welcomed by researchers and academics for its contribution to the study of a complex field that today stands at the foreground of comparative law.
Regulating Blockchain
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Author : Philipp Hacker
language : en
Publisher: Oxford University Press
Release Date : 2019-08-29
Regulating Blockchain written by Philipp Hacker and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-29 with Law categories.
Less than a decade after the Financial Crisis, we are witnessing the fast emergence of a new financial order driven by three different, yet interconnected, dynamics: first, the rapid application of technology - such as big data, machine learning, and distributed computing - to banking, lending, and investing, in particular with the emergence of virtual currencies and digital finance; second, a disintermediation fuelled by the rise of peer-to-peer lending platforms and crowd investment which challenge the traditional banking model and may, over time, lead to a transformation of the way both retail and corporate customers bank; and, third, a tendency of de-bureaucratisation under which new platforms and technologies challenge established organisational patterns that regulate finance and manage the money supply. These changes are to a significant degree driven by the development of blockchain technology. The aim of this book is to understand the technological and business potential of the blockchain technology and to reflect on its legal challenges. The book mainly focuses on the challenges blockchain technology has so far faced in its first application in the areas of virtual money and finance, as well as those that it will inevitably face (and is partially already facing, as the SEC Investigative Report of June 2017 and an ongoing SEC securities fraud investigation show) as its domain of application expands in other fields of economic activity such as smart contracts and initial coin offerings. The book provides an unparalleled critical analysis of the disruptive potential of this technology for the economy and the legal system and contributes to current thinking on the role of law in harvesting and shaping innovation.
Discrimination Vulnerable Consumers And Financial Inclusion
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Author : Cătălin-Gabriel Stănescu
language : en
Publisher: Routledge
Release Date : 2020-12-28
Discrimination Vulnerable Consumers And Financial Inclusion 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 2020-12-28 with Business & Economics categories.
This book addresses the questions of discrimination, vulnerable consumers, and financial inclusion in the light of the emerging legal, socioeconomic, and technological challenges. New technologies – such as artificial intelligence-driven consumer credit risk assessment and Fintech platforms, the changing nature of vulnerability due to the ongoing COVID-19 pandemic, as well as the sophistication of digital technologies, which help circumvent legal barriers and protections – necessitate the continuous study of the existing legal frameworks and measures that are capable of tackling these challenges. Organized in two major parts, the first addresses, from multiple national angles, the idea of a human rights approach to consumer law, in order to replace the mantra of economic efficiency that characterizes financial services with those of human dignity and freedom from discrimination and from debt-induced servitude. The second tackles the challenges posed by increased usage of technology in connection with financial services, which tends to solve, but also creates, additional issues for consumers in general, and for vulnerable groups in particular.
Self Help Private Debt Collection And The Concomitant Risks
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Author :
language : en
Publisher:
Release Date : 2015
Self Help Private Debt Collection And The Concomitant Risks written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with 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.
Ensaios Sobre Autotutela
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Author : Elie Pierre Eid
language : pt-BR
Publisher: Editora Thoth
Release Date : 2024-05-27
Ensaios Sobre Autotutela written by Elie Pierre Eid and has been published by Editora Thoth this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-27 with Antiques & Collectibles categories.
Engana-se quem ainda associa a autotutela apenas à violência física, à ilegalidade ou a vê como um mero instrumento de sobreposição do mais forte sobre o mais fraco. A presente coletânea reúne textos que demonstram a atualidade do instituto, como representação da tutela unilateral de interesses lesados ou ameaçados.
50 Anos Da Teoria Geral Do Processo No Brasil
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Author : FLÁVIO LUIZ YARSHELL
language : pt-BR
Publisher: Editora Thoth
Release Date : 2024-02-21
50 Anos Da Teoria Geral Do Processo No Brasil written by FLÁVIO LUIZ YARSHELL and has been published by Editora Thoth this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-21 with Antiques & Collectibles categories.
Quando ainda estava na faculdade – e talvez por um arroubo juvenil de quem apenas estava iniciando seus estudos de direito processual –, disse ao meu chefe de estágio que a teoria geral do processo precisava ser totalmente revista. Meu chefe, o hoje consagrado processualista Ricardo Alexandre da Silva – talvez por sua excessiva cordialidade ou por não querer me desincentivar –, não questionou a afirmação. Com seu profundo conhecimento de direito processual teria sido fácil desconstruir a intuição pouco embasada de um jovem estudante.
Od Faktoringu Przesz O Ci Do Faktoringu Przysz O Ci
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Author : Dorota Korenik
language : pl
Publisher: Wydawnictwo Uniwersytetu Ekonomicznego we Wrocławiu
Release Date : 2022-06-15
Od Faktoringu Przesz O Ci Do Faktoringu Przysz O Ci written by Dorota Korenik and has been published by Wydawnictwo Uniwersytetu Ekonomicznego we Wrocławiu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-15 with Business & Economics categories.
Sześciorozdziałowe studium ewolucji faktoringu ma charakter porządkujący i eksploracyjny, ale także empiryczno-poznawczy. Wywód jest zorientowany przede wszystkim na czasy współczesne i uwypuklenie zmienności faktoringu stosownie do zmieniających się potrzeb gospodarki. Książka ma liczne walory poznawcze. Stanowią je m.in. systematyzacja wiedzy, przekładająca się na modyfikacje dostępnych rozwiązań faktoringowych, identyfikacja zbioru czynników wpływających na zmiany w systemie faktoringowym, prezentacja zastosowań tytułowego narzędzia w celu polepszenia działalności MSP i w obopólnym interesie faktora i faktoranta, zidentyfikowanie problemów przejrzystości, jakości i integralności oferty oraz obsługi faktoringowej. W monografii szczegółowo omówiono badania nad świadomością faktoringową, a także syntetycznie opisano stan prawny dotyczący faktoringu w wybranych krajach. Przedstawione badania mają charakter aplikacyjny.
Self Help Private Debt Collection And The Concomitant Risks A Comparative Analysis
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Author : Catalin Gabriel Stanescu
language : en
Publisher:
Release Date : 2017
Self Help Private Debt Collection And The Concomitant Risks A Comparative Analysis written by Catalin Gabriel Stanescu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
The book shows that self-help in commercial law is a fast, inexpensive and efficient alternative to court enforcement. A practice indulged by common law systems, it has been regarded with suspicion and has been limited to a minimum by civilian ones. The book argues that self-help remedies and private debt collection are not only features of common law jurisdictions since remnants of private enforcement can be found in contract law in civilian systems. It shows 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 compares the laws of the US versus the laws of France, Germany, Romania and the UK.- First comprehensive and comparative work on the topic of self-help and private debt collection in the US and traditional European jurisdictions (France, Germany, Romania and the UK);- First work dedicated to private enforcement and non-judicial debt collection in Europe;- Provides an unique analysis of efficient, fair debt collection practice laws;- Presents a critical examination of the current European legislation and the Draft Common Frame of Reference on the issue of private enforcement;- Research written by an expert and including a large number of cases, making it suitable for both academics and practitioners.