CEU Electronic Theses and Dissertations, 2007
| Author | Gorezi, Arnisa |
|---|---|
| Title | The European Union Project on Unfair Suretyships: What follows for Albania? |
| Summary | The thesis analyzes the problem of unfair suretyship agreements, as treated in the framework of the ongoing European Union Project on Unfair Suretyships, and its possible impact to Albania as a potential candidate country. The main debate concentrates on how to achieve an increased harmonized level of sureties` protection in Member States, and how to reform the Albanian legal position in this respect. The comparative analysis of legal provisions and case law in France, United Kingdom and Germany, demonstrates the existence of divergent approaches for the protection of sureties. In the European Union level, the final proposal for a Directive on Credit Agreements for Consumers, not only leaves suretyships out of its scope, but has almost entirely lost its consumer protection dimension. It is shown that, in order to increase and approximate the level of protection of vulnerable sureties in Member States, a combination of judicial harmonization, sector-specific legislative measures and self-regulatory provisions of credit institutions, is recommendable. In addition, it is demonstrated that Albania, in the absence of specific regulation, follows a traditional civil law approach with regards to suretyships. Amendments in its Civil Code, as well as the enactment of a new Law on Consumer Credit Agreements, are necessary and crucial to its European integration. |
| Supervisor | Tajti, Tibor |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2007/gorezi_arnisa.pdf |
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