haku: @author Graver, H. P. / yhteensä: 1
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| Tekijä: | Graver, H. P. |
| Otsikko: | Consumer bankruptcy: A right or a privilege ? The role of courts in establishing moral standards of economic conduct |
| Lehti: | Journal of Consumer Policy
1997 : JUN, VOL. 20:2, p. 161-177 |
| Asiasana: | BANKRUPTCY DEBT LEGISLATION ETHICS NORWAY |
| Kieli: | eng |
| Tiivistelmä: | In Norway, the Consumer Bankruptcy Act was passed in 1992 to give persons with "serious debt problems (...) the possibility to gain control over their economy." The Act contains provisions for negotiations btw. the debtor and the creditors etc. The origin of the Act was a social welfare approach to the problem of overindebtedness. However, the Act embodies an inherent contradiction and includes also moral elements. The contradiction has given the courts a wide scope of discretion in the application of the Act. As a result, cases are treated differently in different jurisdictions. The situation also gives room for strategic action from creditor groups. In this way, the more objective, social welfare approach of the Act is undermined. |
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