CEU eTD Collection (2008); Kollar, Pavol: The Concept of Self-help Enforcement of Secured Creditor's Rights: Is the US Model Exportable to Slovakia?

CEU Electronic Theses and Dissertations, 2008
Author Kollar, Pavol
Title The Concept of Self-help Enforcement of Secured Creditor's Rights: Is the US Model Exportable to Slovakia?
Summary This thesis focuses on enforcement of secured creditor’s rights in collateral via self-help. The main question asked is whether it is feasible to import solutions invented in US to Slovakia. US concept is the example of modern developed enforcement system. Slovakia has recently reformed its secured transactions law, including related enforcement rules. In this paper promptness and efficiency are identified as the desirable features of every credit friendly enforcement system. By means of thorough examination and subsequent comparison of both enforcement regimes it is demonstrated that US system by incorporating self-help enforcement procedures better reflects the need of modern business world. On the other hand Slovak model suffers from slow and inefficient enforcement of secured creditor’s rights mainly due to rejection of the self-help repossession. The thesis shows that adopting American solutions to Slovak problems related to enforcement of secured creditor’s rights is an option which should be taken into consideration by both legal scholars and legislators.
Supervisor Tajti, Tibor
Department Legal Studies LLM
Full texthttps://www.etd.ceu.edu/2008/kollar_pavol.pdf

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