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Author: Elena Alina Onţanu Publisher: ISBN: 9781780686097 Category : Civil law Languages : en Pages : 0
Book Description
This book evaluates the application of the first autonomous European civil procedures: the European Order for Payment and the European Small Claims Procedure.
Author: Elena Alina Onţanu Publisher: ISBN: 9781780686097 Category : Civil law Languages : en Pages : 0
Book Description
This book evaluates the application of the first autonomous European civil procedures: the European Order for Payment and the European Small Claims Procedure.
Author: Cătălin Gabriel Stănescu Publisher: Taylor & Francis ISBN: 1000789039 Category : Law Languages : en Pages : 253
Book Description
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.
Author: Professor Hans W Micklitz Publisher: Ashgate Publishing, Ltd. ISBN: 1472449037 Category : Law Languages : en Pages : 265
Book Description
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.
Author: Hugh Beale Publisher: OUP Oxford ISBN: 0191631019 Category : Law Languages : en Pages : 1456
Book Description
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.
Author: Miriam Anderson Publisher: ISBN: 9789089521989 Category : Housing Languages : en Pages : 460
Book Description
How has European Private Law responded to the property and mortgage markets crisis? And in what way is this reaction likely to model domestic systems? The financial and economic crisis that marked the beginning of the century has had a devastating effect on the property and mortgage markets in many Member States of the European Union. Despite this, the European legislator took its time to respond. This book analyzes the impact of the Mortgage Credit Directive (Directive 2014/17) in twelve different jurisdictions: Belgium, England, France, Germany, Greece, Ireland, Italy, Malta, The Netherlands, Poland, Portugal, and Spain. The reports show how in some instances only certain products (such as foreign currency loans) or practices (irresponsible lending, homeownership promoting policies, the use of unfair terms) were factors that triggered the property crash; in other cases; the system completely failed to address an exceptional situation; and, finally, how in some instances prudent lending explained why the market was virtually not hit at all. This book aims to find out whether the two goals of Directive 2014/17 (financial sector stability and enhanced consumer protection) can be achieved in light of its provisions and of the transposition carried out by the different Member States, and whether the changes it introduces have a significant impact in the jurisdictions considered here. Some systems are already showing signs of yet another property bubble. There is room for hope: perhaps we have learned from the past, perhaps the Directive is a step forward, but more importantly this book shows that we can learn from each other. [Subject: European Law, Private Law, Property Law]
Author: Thomas Kadner Graziano Publisher: Edward Elgar Publishing ISBN: 1788975650 Category : Law Languages : en Pages : 1159
Book Description
Since the adoption of the EU Regulation on Insolvency Proceedings in 2000 and its recast in 2015, it has become clear that lawyers engaged in consumer insolvency proceedings are increasingly expected to have a basic understanding of foreign insolvency proceedings, as well as knowledge of the foreign country's court and legal system, legislation and judicial practice. Written by 50 highly qualified insolvency experts from 30 European countries, A Guide to Consumer Insolvency Proceedings in Europe provides the necessary information in the largest, most up-to-date and comprehensive book on this topic. Assisting the readers in their navigation through the differences, similarities, and peculiarities of insolvency proceedings in all Member States of the European Union, Switzerland and Russia, this book is a unique guide to insolvency proceedings across Europe. With contributions by both academics and practitioners, it provides truly multinational coverage of the economic, legal, social, political, and demographic issues in consumer insolvency. Illustrating the numerous practices across Europe, this book allows the reader to evaluate each aspect both on its own merits, as well as in comparison to the approaches applied in other European jurisdictions. This book will be an invaluable tool for insolvency practitioners, judges, lawyers, creditors and debtors throughout Europe, especially those participating in cross-border proceedings.
Author: Geraint Howells Publisher: Routledge ISBN: 1317139666 Category : Law Languages : en Pages : 312
Book Description
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.
Author: Mr.Shekhar Aiyar Publisher: International Monetary Fund ISBN: 1513511653 Category : Business & Economics Languages : en Pages : 79
Book Description
Europe’s banking system is weighed down by high levels of non-performing loans (NPLs), which are holding down credit growth and economic activity. This discussion note uses a new survey of European country authorities and banks to examine the structural obstacles that discourage banks from addressing their problem loans. A three pillared strategy is advocated to remedy the situation, comprising: (i) tightened supervisory policies, (ii) insolvency reforms, and (iii) the development of distressed debt markets.
Author: Cӑtӑlin Gabriel Stӑnescu Publisher: Springer ISBN: 3319215035 Category : Law Languages : en Pages : 326
Book Description
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.
Author: Publisher: ISBN: Category : Credit bureaus Languages : en Pages : 76
Book Description
"The 2008 financial crisis focused attention on the credit rating agencies and their impact on financial markets. At the time, there was very little regulation of the agencies in Europe. In 2011, the European Securities and Markets Authority (ESMA) was created to register, monitor and supervise them. This report examines whether ESMA has successfully established itself as the credit rating agencies watchdog for the EU. We conclude that while ESMA has laid down good foundations, its rules and guidelines are not yet complete and significant risks remain to be addressed in the future."--Publisher's description.
Author: Elena Alina Onţanu
Author: Elena Alina Onţanu
Author: Cătălin Gabriel Stănescu
Author: Professor Hans W Micklitz
Author: Hugh Beale
Author: Miriam Anderson
Author: Thomas Kadner Graziano
Author: Geraint Howells
Author: Mr.Shekhar Aiyar
Author: Cӑtӑlin Gabriel Stӑnescu
Author: