Self-Help, Private Debt Collection and the Concomitant by Catalin Gabriel Stanescu

By Catalin Gabriel Stanescu

The booklet exhibits that self-help in advertisement legislations is a quick, reasonably cheap and effective replacement to court docket enforcement. Self-help treatments and personal debt assortment are principally yet now not solely positive factors of universal legislations jurisdictions, on the grounds that remnants of personal enforcement can nonetheless be present in agreement legislation in civilian platforms. The e-book argues that – regardless of their usefulness – self-help and personal debt assortment entail major dangers, specifically for patron borrowers. which means inner most enforcement should be followed through the advent of tailored consumer-debtor safeguard rules. particular cognizance is given to factoring, which capabilities repeatedly as a kind of pseudo-private debt assortment and which has been exploited to avoid sector-specific customer security regulations.

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603. 137 Beale et al. (2012), p. 612. 138 Beale et al. (2012), p. 611. 139 Beale et al. (2012), pp. 609 and 612. 140 Goode (1988), pp. 151–152. 141 The most recent change took place in 2014, starting with 1st of April, when the OFT was shut down and its attributions were partly given to the Financial Conduct Authority (FCA). 2014. 143 In matters related to consumer credit and debt collection, the abovementioned principles materialized in the Consumer Credit sourcebook. Specifically, Chap. 145 These recent reforms are meant to make the UK system more efficient, similar to its American counterpart.

403. Also: Stein (1999), p. 4: “The Twelve Tables show, however, a determination to institutionalize such cases and keep them within strict limits” (emphasis added). For details on how pignoris capio switched from being an extrajudicial to a judicial method of enforcement: Street (2013), p. 281. 35 Kieninger (2004), p 38. 36 Ben-Menahem and Hecht (1993), p. 648. Also: Morey (1884), p. 403. 27 18 2 General Background and History of Self-Help and Private Enforcement day requirement that any repossession through self-help must take place without the breach of peace.

845–846. 14 Brownsword et al. (2011), p. 488. 15 Taylor (1998), p. 846. Also: Brandon et al. (1984), p. 850: “Self-help, [. ” 16 Taylor (1998), p. 846. Also: Brandon et al. (1984), p. 850. 17 Brandon et al. (1984), p. 850. 2 2 General Background and History of Self-Help and Private Enforcement Self Help: History and Justification Self-help is understood as the action taken, including use of force, in order to assert or protect one’s rights, without the recourse to the formal legal procedure,18 and its definition was not altered by the passage of time.

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