Sajadova, Veronika --- "CONSUMER INSOLVENCY PROCEEDINGS: COMPARATIVE LEGAL ASPECTS" [2019] ELECD 1192; in Kadner Graziano, Thomas; Bojars, Juris; Sajadova, Veronika (eds), "A Guide to Consumer Insolvency Proceedings in Europe" (Edward Elgar Publishing, 2019) 13

Book Title: A Guide to Consumer Insolvency Proceedings in Europe

Editor(s): Kadner Graziano, Thomas; Bojārs, Juris; Sajadova, Veronika

Publisher: Edward Elgar Publishing

Section: Chapter 2

Section Title: CONSUMER INSOLVENCY PROCEEDINGS: COMPARATIVE LEGAL ASPECTS

Author(s): Sajadova, Veronika

Number of pages: 86

Abstract/Description:

Comparative research, more than any other tool, assists us in following the evolution of legislation in this field and the influence of more experienced countries in this development. In this chapter, we will examine differences and similarities of national regulation of consumer bankruptcy proceedings and concentrate on some of their peculiarities. Please note that this comparative chapter is based only on the results of the country surveys carried out in this study. N.B. For the purpose of this research, the term ‘bankruptcy’ will be used in relation to individuals in consistency with English legal terminology. The term ‘insolvency’ will be used as an umbrella term to address bankruptcy, debt restructuring and other types of proceedings. The origins of personal bankruptcy procedures can be found in Roman law where, in the event that a debtor was unable to return debt, he or she could have been handed to the creditor or even sold as a slave. Since then the law has become more debtor-friendly. Even if discharge (debt relief) was already understood by a number of ancient societies, in the vast majority of developed countries it was only introduced as late as the 21st century to grant overindebted debtors a possibility of a second chance or a fresh start. The causes of consumer over-indebtedness and their legal solutions are disclosed in detail in the previous chapter of this book.