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Standing surety in England and Wales : the sphinx of procedural protection.

Devenney, J and Fox O'Mahony, L and Kenny, M (2008) 'Standing surety in England and Wales : the sphinx of procedural protection.' Lloyd's maritime and commercial law quarterly.. 513 - 535. ISSN 0306-2945

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Abstract

Discusses what legal protection is available for non-professional sureties who guarantee the borrowing of family members or friends. Reviews case law on undue influence, unconscionability and creditors' duty to ensure that sureties have independent legal advice. Considers the requirements for creditors to act in good faith and for proper purposes in repossessions and insolvency proceedings. Looks at the policy of reducing the state's role in social welfare, and compares the treatment of sureties in continental Europe.

Item Type: Article
Uncontrolled Keywords: Suretyship, Protections, Vulnerability, Creditors.
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities > Law, School of
Depositing User: Jim Jamieson
Date Deposited: 30 Aug 2013 10:26
Last Modified: 17 Aug 2017 17:58
URI: http://repository.essex.ac.uk/id/eprint/7479

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