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Protection from unfair suretyships in the European Union

Obiettivo

This project aims at developing a new field of research: European surety ship law. The question of how and to what extent sureties need legal protection from the abuse of contractual power of credit institutions is a recently emerged issue, which has not yet been sufficiently studied in a comparative and supranational perspective. In the last two decades, some European countries became aware of the social problem of life-long indebtedness resulting from unfair surety ships and began to develop legal solutions. At present, the standard of protection of sureties in the Member States varies notably. If the provision about responsible lending contained in the Commission proposal for a new Consumer Credit Directive (2002) came into force, the standard of protection of sureties from unproportionate obligations would increase in all Member States. However, the responsible lending clause is highly controversial and the outcome of the legislator proceedings is uncertain. Nevertheless, apart from the existence of a specific Directive, surety ship agreements may be conflicting with EC law if they are detrimental to fundamental rights of EU citizens or clash with common European constitutional principles. The hypothesis of this project is that if all citizens of the European Union enjoy the same constitutional rights and principles, then the standard of legal protection against those surety ship agreements that are detrimental to some of these rights and principles must be the same. The main objective of this project is to assess, on the basis of a comparative analysis, in what cases surety ships are conflicting with EU fundamental rights and constitutional principles and how in these cases equality of protection standards can be reached in the Member States. For the achievement of this objective, the host organisation - which has expertise in EC and German law - needs transfer of knowledge from other European countries in which unfair surety ships are subject of discussion.

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FP6-2002-MOBILITY-3
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Coordinatore

ZENTRUM FUER EUROPAEISCHE RECHTSPOLITIK AN DER UNIVERSITAT BREMEN
Contributo UE
Nessun dato
Indirizzo
Universitetsallee GW 1
BREMEN
Germania

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Costo totale
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Partecipanti (1)