Should the law relating to cahabitees standing as surety for their partner's debts be kept on a purely national level : can we have European harmonisation in this area?

Abstract

This paper will approach the possibilities of transplantation and harmonisation of laws in a social field, through the application of a case study to the theory that surround this area. The case study focuses on the laws of England, Scotland and Poland. I t relates to the situation in which a spouse (or cohabitee) needs to place their home as surety, in order that a bank will provide a loan to the other spouse. The law governs the legal rules that surround the situation where the borrowing spouse becomes insolvent. I t will be questioned, in the context of a broader discussion on the possibility of harmonisation and transplantation, whether (and how fa r) this area of law could be harmonised. Particular emphasis will be given to differences in culture leading to problems for this process. The discussion will be based, firstly, on the theoretical possibility of transplantation. This will then be focussed on the concrete situation of the European Union as an arena for harmonisation. Throughout, the academic debate will be contrasted and compared wit the case study, to focus the discussion and discern the insights that such a practical example can bring to this field.