Читать книгу Retos y desafíos de las garantías reales - Abel B. Veiga Copo - Страница 52

This paper reports the results of a comparative study on the enforcement of bank loans in the European Union (EU)1. The study was commissioned by the European Commission (Directorate-General for Financial Stability, Financial Services and Capital Markets Union) and overseen by the Capital Markets Union Unit (B1)2. The study analyses individual and collective enforcement laws in 28 EU Member States. It takes the perspective of a bank as lender enforcing a loan contract against a company, partnership, sole trader or consumer as borrower. Yardsticks guiding the analysis are recovery rate and time to recovery. The study aims to identify both common features and differences in the legal frameworks. It is based on a questionnaire of 105 questions answered by experts based in the respective Member States.

While this study finds best practices and shared approaches to formal enforcement, it also reveals a strong case for reform. These evaluations are based on existing research showing that enforcement law matters3. The normative background of this paper is provided by the insight that good enforcement frameworks increase access to debt finance, strengthen bank stability and provide a level playing field for lenders and borrowers.

This paper is dedicated to Klaus J Hopt on the occasion of his 80th birthday in gratitude and friendship. His research has, without a doubt, influenced and transformed the law of bank loans4. At an early stage, he saw the connection between welfare and the provision of credit and considered the ethical aspects of bank credit5. There is hardly a need to mention that comparative aspects are at the heart of his research. His body of research looks far beyond the law in the books. He is, for example, interested in private ordering and has contributed essential data by unearthing and publishing commercial standard contracts6. Hence, there is hope that this paper will find his interest.