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OVERINDEBTEDNESS - Italian Scholar and partner of ECRC published a book in Italian.
Diana Cerini from the University of Milano Bicocca has published 521 pages about Overindebtedness and Consumer Bankruptcy: Between punishment and grace in Italian language with Giuffré Editore 2012. In this socio-legal study the author traces the history of modern concern with consumer overindebtedness, While she starts with the perception of overindebtedness the third chapter is dedicated to the ideologies underlying the treatment of overindebtedness in law especially the neo-liberal, social-democratic and conservative approaches. The second part gives a valuable review of the European literature and treatment although it starts a bit too late ignoring the first step which were the profound empirical research projects in the US, UK, Germany and the Netherlands. 1989 the Hamburg conference on Overindebtedness and Unemployment published under the title Banking for People can still be seen as a sum-up of the developments in the 1970ties to the 1980ties which in many respect were further developed than the actual discussion which has difficulties to go beyond the neo-liberal fall back of the first 10 years of this century which destroyed not only research but also people who could serve as witness of a rich past. Anyhow Cerini takes up the threat and puts it into the context of the modern credit society (third chapter) before the third part investigates the different national solutions where France and Italy as well as the new accession countries are of special interest but also a chapter on China, India and Japan. It is a very useful source of to get all necessary information underlying the recent World-Bank guidelines for consumer bankruptcy schemes which have been presented here. After such a deep interdisciplinary approach one would have expected an answer to the initial alternative but it is meant more as a description how the world is separated into two camps: paternalistic debt enforcement and liberal fresh start ideologies. According to the laws of dialectics one should assume that a synthesis is imminent. But the solution may not come from the law but from economists who find out that the stability of the financial system depends largely on how many people are unable to pay their debt.

ID: 48520
Publication date: 07/07/14

“Sovrraindebitamento e consumer bankruptcy: Tra punizione e perdono“

Created: 07/07/14. Last changed: 27/08/14.
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