Download or read book Self Help Private Debt Collection and the Concomitant Risks written by Cӑtӑlin Gabriel Stӑnescu and published by Springer. This book was released on 2015-08-25 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Self Help Private Debt Collection and the Concomitant Risks written by and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Self Help Private Debt Collection and the Concomitant Risks A Comparative Analysis written by Catalin Gabriel Stanescu and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Regulation of Debt Collection in Europe written by Cătălin Gabriel Stănescu and published by Taylor & Francis. This book was released on 2022-11-25 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Energy Law in Romania written by Ca ̆ta ̆lin Gabriel Sta ̆nescu and published by Kluwer Law International B.V.. This book was released on 2018-08-03 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Discrimination Vulnerable Consumers and Financial Inclusion written by Cătălin-Gabriel Stănescu and published by Routledge. This book was released on 2020-12-28 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Regulating Blockchain written by Philipp Hacker and published by Oxford University Press. This book was released on 2019-08-01 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Global Waves of Debt written by M. Ayhan Kose and published by World Bank Publications. This book was released on 2021-03-03 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global economy has experienced four waves of rapid debt accumulation over the past 50 years. The first three debt waves ended with financial crises in many emerging market and developing economies. During the current wave, which started in 2010, the increase in debt in these economies has already been larger, faster, and broader-based than in the previous three waves. Current low interest rates mitigate some of the risks associated with high debt. However, emerging market and developing economies are also confronted by weak growth prospects, mounting vulnerabilities, and elevated global risks. A menu of policy options is available to reduce the likelihood that the current debt wave will end in crisis and, if crises do take place, will alleviate their impact.
Download or read book World Economic Outlook April 2012 written by International Monetary Fund. Research Dept. and published by International Monetary Fund. This book was released on 2012-04-17 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: The April 2012 issue of the World Economic Outlook assesses the prospects for the global economy, which has gradually strengthened after a major setback during 2011. The threat of a sharp global slowdown eased with improved activity in the United States and better policies in the euro area. Weak recovery will likely resume in the major advanced economies, and activity will remain relatively solid in most emerging and developing economies. However, recent improvements are very fragile. Policymakers must calibrate policies to support growth in the near term and must implement fundamental changes to achieve healthy growth in the medium term. Chapter 3 examines how policies directed at real estate markets can accelerate the improvement of household balance sheets and thus support otherwise anemic consumption. Chapter 4 examines how swings in commodity prices affect commodity-exporting economies, many of which have experienced a decade of good growth. With commodity prices unlikely to continue growing at the recent elevated pace, however, these economies may have to adapt their fiscal and other policies to lower potential output growth in the future.
Download or read book Guide for All Hazard Emergency Operations Planning written by Kay C. Goss and published by DIANE Publishing. This book was released on 1998-05 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Meant to aid State & local emergency managers in their efforts to develop & maintain a viable all-hazard emergency operations plan. This guide clarifies the preparedness, response, & short-term recovery planning elements that warrant inclusion in emergency operations plans. It offers the best judgment & recommendations on how to deal with the entire planning process -- from forming a planning team to writing the plan. Specific topics of discussion include: preliminary considerations, the planning process, emergency operations plan format, basic plan content, functional annex content, hazard-unique planning, & linking Federal & State operations.
Download or read book Global Trends 2040 written by National Intelligence Council and published by Cosimo Reports. This book was released on 2021-03 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The ongoing COVID-19 pandemic marks the most significant, singular global disruption since World War II, with health, economic, political, and security implications that will ripple for years to come." -Global Trends 2040 (2021) Global Trends 2040-A More Contested World (2021), released by the US National Intelligence Council, is the latest report in its series of reports starting in 1997 about megatrends and the world's future. This report, strongly influenced by the COVID-19 pandemic, paints a bleak picture of the future and describes a contested, fragmented and turbulent world. It specifically discusses the four main trends that will shape tomorrow's world: - Demographics-by 2040, 1.4 billion people will be added mostly in Africa and South Asia. - Economics-increased government debt and concentrated economic power will escalate problems for the poor and middleclass. - Climate-a hotter world will increase water, food, and health insecurity. - Technology-the emergence of new technologies could both solve and cause problems for human life. Students of trends, policymakers, entrepreneurs, academics, journalists and anyone eager for a glimpse into the next decades, will find this report, with colored graphs, essential reading.
Download or read book Prisoners Self help Litigation Manual written by John Boston and published by Oxford University Press, USA. This book was released on 2010 with total page 949 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clear, comprehensive, practical advice provides prisoners with everything they need to know on conditions of confinement, civil liberties in prison, procedural due process, the legal system, how to litigate, conducting effective legal research, and writing legal documents. This new edition is updated to include the most relevant prisoners' rights topics and approaches to litigation, types of legal remedies, and how to effectively use those remedies.
Download or read book Security Rights in Movable Property in European Private Law written by Eva-Maria Kieninger and published by Cambridge University Press. This book was released on 2004-08-26 with total page 827 pages. Available in PDF, EPUB and Kindle. Book excerpt: For every transnational lawyer, it is vital to know the differences between national secured transactions laws. Since the applicable law is determined by the place where the collateral is situated, it may change when movables are brought from one state to another. Introductory essays from comparative lawyers set the scene. The book then presents a survey of the law relating to secured transactions in the member states of the European Union. Following the Common Core approach, the national reports are centred around fifteen hypothetical cases dealing with the most important issues of secured transactions law, such as the creation of security rights in different business situations, the relationship between debtor and secured creditor, the nature of the creditor's rights and their enforcement as against third parties. each case is followed by a comparative summary. A general report evaluates the possibilities of European harmonisation in the field of secured transactions law.
Download or read book Changing Contours of Microfinance in India written by Jayadev M. and published by Routledge. This book was released on 2016-05-12 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together empirical evidences and theoretical perspectives to provide a comprehensive overview of the microfinance sector in India. The essays in the volume: focus on the application of information and communication technology (ICT) solutions in microfinance institutions to strengthen the savings movement and widen credit access to the poor and marginalized sections of society; present case studies on self-help group (SHG) movements, federations and SHG-Bank Linkage programmes; propose measures for strengthening regulatory and governance structures of the microfinance sector; and identify linkages between overall financial inclusion and the contribution of microfinance institutions (MFIs). The volume will be indispensable for scholars and researchers of microeconomics, South Asian economics and development economics as well as professionals and aspirants in the microfinance, rural banking and financial inclusion sectors.
Download or read book Social Science Research written by Anol Bhattacherjee and published by CreateSpace. This book was released on 2012-04-01 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is designed to introduce doctoral and graduate students to the process of conducting scientific research in the social sciences, business, education, public health, and related disciplines. It is a one-stop, comprehensive, and compact source for foundational concepts in behavioral research, and can serve as a stand-alone text or as a supplement to research readings in any doctoral seminar or research methods class. This book is currently used as a research text at universities on six continents and will shortly be available in nine different languages.
Download or read book Shadow Banking written by Roy J. Girasa and published by Springer. This book was released on 2016-10-02 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparative study explores how shadow banking differs from the traditional banking system. It discusses the origins, history, purposes, risks, regulatory constraints, and projected future evolution of both financial sectors of the world economy. This thorough examination of non-bank financial intermediaries follows the migration of services from traditional banks to less-regulated alternative banking products, as well as the evolution of regulations and the Financial Stability Oversight Council to monitor these new entities. Three chapters explore in depth the major financial structures newly designated as systemically important financial institutions (SIFIs), with particular attention to insurance companies such as MetLife, which seek exemption from the designation. Finally, the focus shifts to international financial institutions' efforts to protect consumers and curtail irresponsible shadow banks, with an eye toward the effects of these actions on future banking practices.
