|Adequate protection of family ties from misuse and exploitation in responsible credit relations. Third Bremen Conference on "Unfair Suretyships in the Enlarged European Union" to be led on November 3-4, 2007
|Members of ECRC still remember the workshop on family and credit at the 2006 Brussels conference which brought together suppliers, social scientists and lawyers und the chairwomanship of Dr. Dott. Aurelia Colombi Ciacchi, LL.M. who is also in charge of the Bremen project on Unfair Suretyships. The project cares for the diversity of cultural inheritance in Europe with respect to credit and family. It thus shows how by thorough research Unification is possible without erasing existing achievements.
This project will held its third scientific conference on the treatment of non-professional suretyships in the EU in Bremen, Germany, 3-4 November 2006. This conference is the final, concluding session in the work of the Marie Curie Transfer of Knowledge (TOK) Project “Protection From Unfair Suretyships in the EU”, which, for the last three years, has coordinated research and disseminated new insights on the treatment of sureytships throughout the EU. It will have major impact on regulation on responsible credit and should be carefully observed by the European Institutions when they pass the new Consumer Credit Directive which has carelessly disregarded family suretiships in it second and third draft.
This year’s conference has a twofold focus: First, the law of the Member States which had not been represented in our project so far, especially the new Member States. Second, the interactions between legal solutions concerning non-professional suretyships and their socio-economic context. I enclose the preliminary programme for the conference for your inspection.
This conference will also serve as a discussion forum for the preparation of the third and last joint publication of this project: the book “Unfair Suretyships in European Law”, to be published in 2007. This book, edited by Prof. Stephen Weatherill (University of Oxford) and Dr. Aurelia Ciacchi will not only include the papers presented at this third conference, but also, possibly, a new version of the national reports presented at the previous conference held in Bremen on 14-15 October 2005, which will be published this year in the book “Protection of Non-professional Sureties in Europe: Formal and Substantive Disparity”, edited by myself.
In order to facilitate both the comparative analysis of the Member States’ solutions for protection from unfair suretyships, and the interactions between these solutions and the socio-economic context where they have been developed, a questionnaire has been prepared. The following items will be covered
1. Suretyships a frequent banking practice?
2. Demarcation between commercial suretyships and consumer suretyships?
3. To what extent are suretyships responsible for personal or family indebtedness?
4. Criteria of Unfairness?
5. Which law provides protection? When was it enacted, how does jurisprudence apply it in practice? What are the sanctions? Is it effective and high level?
6. Impact of creditor debtor relationship on the guarantor’s position?
7. Other non-legal protection?
8. Propositions for amelioration
For those interested in participating please contact the Bremen Project at http://www.unfairsuretyships.uni-bremen.de/
Created: 28/06/06. Last changed: 28/06/06.
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