Oxford ; New York : Oxford University Press, 2010.
xxxii, 572 pages ; 25 cm
Formatted Contents Note
Regulating unfair suretyships in Europe : methodology of a comparative study / A. Colombi Ciacchi and S. Weatherill Suretyships and consumer protection in the European Union through the lense of law and economics / K. Heine and R. Janal Remarks from a comparative and EU perspective / S. Weatherill and A. Colombi Ciacchi Austria / W. Faber Belgium / V. Sagaert Denmark / M. M. Fogt England and Wales / L. Fox O'Mahony, J. Devenney and M. Kenny Estonia / I. Kull Finland / T. Mikkola France / S. Vigneron, A.-S. Barthez, R. Family and S. Vigneron Germany / P. Rott Greece / Y. Erifillidis Hungary / T. Tajti Ireland / P. O'Callaghan and Aoife O'Donoghue Italy / F. Fiorentini Latvia / T. Klauberg Lithuania / A. Smaliukas and G. Sulija The Netherlands / M. Haentjens Poland / I. Lobocka Portugal / J.F. Sinde Monteiro and A. Pereira Romania / F. Ciutacu Scotland / L.J. Smith Slovenia / S. Meznar Spain / T. Rodriguez de las Heras Ballell Sweden / A. Persson.
"Private persons often stand surety for a business debt incurred by family members, friends, or employers. These suretyships are commonly banking guarantees contracted by means of standard terms. Sometimes the guarantor signs the contract while he/she is not aware of the financial risk related to the guarantee. He or she may not even know what a suretyship is. But in other circumstances the guarantor may be well aware of the risk, but may nonetheless assume it because of strong emotional ties which exist between him/her and the main debtor. How, then, (if at all) does the law address the potential for 'unfairness' in such situations? Some systems choose to rely on objective criteria, such as identification of a manifest disproportion between the guaranteed amount and the surety's income and assets, while others are more open to subjective inquiry. The key point is variation. Different jurisdictions in Europe operate different models with different priorities. This book provides a comparative overview of the remedies against unfair obligations of non-professional guarantors available in 22 EU Member States, based on a questionnaire which has been completed by an expert in each particular jurisdiction and covering both legal rules and the economic context of different credit markets and banking practices"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
KJC1886 .R44 2010
9780199594559 cloth alkaline paper 0199594554 cloth alkaline paper