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Systems For The Enforcement Of Debt

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Chapter Summary

A secured creditor obtains an interest in the debtor's property at the start of the transaction by getting a security interest to secure payment of the debt. This chapter begins by examining systems for the collection of unsecured debt. It should be noted that in every jurisdiction there are intersections between the enforcement of debt and the criminal law. In this chapter the discussion of secured credit focuses upon its use as a mechanism for enforcement of a particular debt. It also serves as a powerful priority position in an insolvency proceeding in many insolvency systems. The chapter also discusses the aspect of secured credit. Secured credit serves an important role in every developed economy, but its importance and the legal rules governing it vary greatly among jurisdictions. The chapter discusses their principal features and their relationship to insolvency systems.

Keywords: criminal law; secured creditor; unsecured debt



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