Abstract
This article evaluates the protection afforded to non-professional sureties in England and Wales. In particular, this analysis considers how specific measures of protection have been developed to protect sureties in this particular legal, social and economic context. More specifically, the article considers how the democratisation of credit, the decline in social welfare protection, the significance of judicial policy in consumer bankruptcy and the development of doctrinal principles and statutory protections regulating the surety contract interlink to shape the ‘sphinx’ of surety protection in England and Wales.
| Original language | English |
|---|---|
| Pages (from-to) | 513-536 |
| Number of pages | 24 |
| Journal | Lloyds Maritime and Commercial Law Quarterly |
| Publication status | Published - 2008 |
Keywords
- surety agreements
- procedural protection
- undue influence
- consumer bankruptcy
- insolvency
- suretyship
- protections