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

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    Date
    2008
    Author
    Kenny, Mel;
    O'Mahony, J.;
    Devenney, J.
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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.
    Description
    Citation : Kenny, M., Fox O'Mahony, L. and Devenney, J. (2008) Standing surety in England and Wales: the sphinx of procedural protection. Lloyd's Maritime and Commercial Law Quarterly, 2008 (4), pp. 513-535.
    URI
    http://hdl.handle.net/2086/7545
    ISSN : 0306-2945
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    • Department of Law [680]

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