Regulating Unfair Banking Practices in Europe: The Case of Personal Suretyships by Stephen WeatherillRegulating Unfair Banking Practices in Europe: The Case of Personal Suretyships by Stephen Weatherill

Regulating Unfair Banking Practices in Europe: The Case of Personal Suretyships

EditorStephen Weatherill, Aurelia Colombi Ciacchi

Hardcover | September 26, 2010

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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 relatedto 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 thepotential 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 differentmodels 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 contextof different credit markets and banking practices.
Stephen Weatherill is the Jacques Delors Professor of European Community Law at the University of Oxford. He is also the Associate Director of the Centre for the Advanced Study of European and Comparative Law. He is the author of numerous articles and books, including Law and Integration in the European Union (1995, OUP), and Weatheri...
Title:Regulating Unfair Banking Practices in Europe: The Case of Personal SuretyshipsFormat:HardcoverDimensions:624 pagesPublished:September 26, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199594554

ISBN - 13:9780199594559

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Table of Contents

1. A. Colombi Ciacchi and S. Weatherill: Regulating Unfair Suretyships in Europe: Methodology of a Comparative Study2. K. Heine and R. Janal: Suretyships and Consumer Protection in the European Union through the Lense of Law and Economics3. A. Colombi Ciacchi and S. Weatherill: Remarks from a Comparative and EU PerspectiveCountry Reports4. W. Faber: Austria5. V. Sagaert: Belgium6. M. M. Fogt: Denmark7. L. Fox O'Mahony, J. Devenney and M. Kenny: England and Wales8. I. Kull: Estonia9. T. Mikkola: Finland10. S. Vigneron, A.-S. Barthez and R. Family: France11. P. Rott: Germany12. Y. Erifillidis: Greece13. T. Tajti: Hungary14. P. O'Callaghan and Aoife O'Donoghue: Ireland15. F. Fiorentini: Italy16. T. Klauberg: Latvia17. A. Smaliukas and G. Sulija: Lithuania18. M. Haentjens: The Netherlands19. I. Lobocka: Poland20. J.F. Sinde Monteiro and A. Pereira: Portugal21. F. Ciutacu: Romania22. L.J. Smith: Scotland23. S. Meznar: Slovenia24. T. Rodriguez de las Heras Ballell: Spain25. A. Persson: Sweden