Skip to main content
padlock icon - secure page this page is secure

Standing Surety in Europe: Common Core or Tower of Babel?

Buy Article:

$52.00 + tax (Refund Policy)

This article analyses the treatment of non-professional suretyship agreements across the EU in the context provided by Commission initiatives aimed firstly at creating a single market in financial services and secondly at improving the coherence of European private law. Predictably, given their polycontextual function, we are confronted with starkly divergent national approaches towards such agreements: a ‘Tower of Babel’ rather than a ‘common core’. The article proceeds to consider how we may see elements of commonality arising through the tension between the differing national approaches – seen in terms of a Unitary Network. In the course of this analysis the treble paradox of surety protection is described. The article finishes with a prediction of the relevance of a dual-track strategy in this field: involving measures of sector-specific, vertical harmonisation, and a programme of common-law style, non-legislative harmonisation through judicial convergence.
No References
No Citations
No Supplementary Data
No Article Media
No Metrics

Keywords: European Private law; Polycontextual law; Suretyship agreements

Document Type: Research Article

Affiliations: Lecturer, Durham University

Publication date: March 1, 2007

  • Access Key
  • Free content
  • Partial Free content
  • New content
  • Open access content
  • Partial Open access content
  • Subscribed content
  • Partial Subscribed content
  • Free trial content
Cookie Policy
X
Cookie Policy
Ingenta Connect website makes use of cookies so as to keep track of data that you have filled in. I am Happy with this Find out more