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Regulating Unfair Banking Practices in Europe$
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Aurelia Colombi Ciacchi and Stephen Weatherill

Print publication date: 2010

Print ISBN-13: 9780199594559

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199594559.001.0001

Remarks from a Comparative and EU Perspective

Chapter:
(p. 27 ) 3 Remarks from a Comparative and EU Perspective
Source:
Regulating Unfair Banking Practices in Europe
Author(s):

Stephen Weatherill

Aurelia Colombi Ciacchi

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199594559.003.0003

This chapter begins with a discussion of the different forms and shapes of suretyships, and the diverse legal responses to them. It then addresses the question of whose interests should prevail. This is followed by discussions covering information disclosure and form-based requirements, intervention in the terms of the suretyship contract, legal rules affecting the context in which suretyships are agreed and enforced, and the constitutional dimension to the control exercised over private relationships, including contracts.

Keywords:   suretypships, EU, European private law, economic transactions, legal rules

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