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Monash University

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Comparative consumer bankruptcy

  • LAW4528E
  • Not offered in 2013
  • 6 points, SCA Band 3, 0.125 EFTSL
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The "democratization of credit" refers to the recent expansion in access to credit by households in the lower ranges of the distribution of income. A major policy question raised by the democratization of credit is how to adapt consumer bankruptcy law and parallel out-of-court measures to the increased incidence of over indebtedness. As the recent sub prime crisis highlights, common law systems have generally taken a laissez-faire approach and used the bankruptcy system as the primary legal remedy when debtors cannot repay their loans. This unit will deal with the approaches taken in a number of jurisdictions, including Europe and North America, to address the policy questions raised by... -- Course Website



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