Abstract
Older people who guarantee the loans of younger relatives form a special instance of 'relationship debt' which has not received adequate recognition. Recently, welcome attention has been directed to the problems associated with 'sexually-transmitted debt,' debt acquired by a spouse or partner (usually a woman) which remains even after a partnership breaks up. Following a series of articles and books on sexually-transmitted debt in the 1990s, the High Court decided to recognise a controversial 'special rule' protecting women who guarantee their husbands' debts, and indicated that it may extend this rule 'to long term and publicly declared relationships short of marriage between members of the same or of opposite sex'. In doing so, the Court passed over an opportunity to respond to the needs of all guarantors 'with an emotional dependence on the borrower, such as parents of adult borrowers. Older guarantors remain a vulnerable group with special needs which are, at present, given inadequate legal protection.
| Original language | English |
|---|---|
| Number of pages | 5 |
| Journal | Alternative law journal |
| Publication status | Published - 2002 |
Keywords
- suretyship and guaranty
- liability (law)
- older people
- legal status, law, etc.
- debtor and creditor
- law reform