Debt Enforcement Research Articles

IV. Das Einlager. Forderungsdurchsetzung in der Frühen Neuzeit zwischen Autonomie und Heteronomie

Summary In medieval and early modern Germany, the Einlager (lat. obstagium) was a widespread practice of private debt enforcement. Parties stipulated that in case the debtor defaulted, contractually agreed on persons, usually the debtor and/or sureties along with members of their retinue, would confine themselves to given premises, usually a public house, for as long as the debt was left unpaid. During that time, all costs for boarding and lodging were to be borne by the debtor. This legal institution was meant to increase the economic pressure on the debtor and keep him from pursuing his usual private and professional life. Voluntarily agreeing to the Einlager, publicly committing to a debt as well as submitting to slander should the debtor not turn himself in all hinged on contemporary codes of honour – the debtor vouched his personal honour when he took on him the possibility of the Einlager. At the same time, the Einlager itself was perceived to leave personal honour intact. This meant that it was popular in cases in which distraint for debt proved difficult; particularly noble debtors and cities found it to be acceptable. However, increasing economic pressure on an already defaulting debtor had always been viewed sceptically. During the course of the 16th century, criticism of the Einlager grew more intensive and new facets were added to it. Prolonged stays in pubs, sometimes in excess of a year, were now deemed detrimental to public as well as private morality. More importantly, the Einlager as a means of private, autonomous debt enforcement that used personal honour as a leverage point was increasingly perceived as a challenge to early modern concepts of territorial lordship, as it ignored governmental jurisdiction. Early modern German legislation addressing the issue introduced a new argument: It criticized that those employing the Einlager made themselves judges in their own causes. Assailed on all sides, the Einlager thus quickly fell into disuse around 1600. Only in a few northern German regions it was moderated by legislation and employed well into the 19th century.

Consumption loans consuming homes: intersections of housing precarity and personal overindebtedness

Housing precarity as a condition referring to housing insecurity and unaffordability has been on the rise over the last decade across Europe and beyond. While various studies discuss the character of housing precarity and its links to (subprime) mortgage loans, the role of specific moral economies of debt in enacting housing policies which reinforce housing precarity is less developed in relation to other kinds of loans or the experience of debt enforcement. This article analyses fifty narrative interviews—thirty with debtors and twenty with institutional actors—and employs a processual methodology to highlight the performativity of personal debt and local housing policies. Performativity, enacted and modulated by moral economies of effort, (un)deservingness and (ir)responsibility, contributes to the remaking of housing precarity among indebted people, creating a vicious housing precarity-indebtedness loop. In the conclusion, we highlight the contingent and selective application of local housing policies which exclude the overindebted from municipal housing and discuss possible political and policy actions for overcoming the housing governance which generates this precarity.

The low self-efficacy trap: why people with vulnerabilities experience prolonged periods with payment problems

IntroductionSocieties place a responsibility on individuals to pay what they owe on time, establishing a coercive apparatus for debt collection and enforcement when they do not, coupled with consumer protection and debt resolution measures to protect the vulnerable.MethodsAn analysis of in-depth interviews with 28 people with both payment difficulties and vulnerabilities from ill-health, using Bandura's Social Cognitive Theory to explore the experiences of vulnerable defaulters as they try to exercise the personal responsibility placed on them by society.ResultsIt finds that they encounter barriers in exercising the personal responsibility which primarily arise in encounters with inflexible and bureaucratic routines – of creditors, debt enforcement agents and even money advisers whose role is to help vulnerable people. These systematically undermine defaulters' self-efficacy, and leaving them facing prolonged periods of payment difficulties.DiscussionThe findings are discussed in the light of Bandura's Theory and lessons drawn for the policies and practices of creditors, debt enforcement bodies, and money advisers.

WHAT CHANGED IN PERSONAL DEBT ENFORCEMENT SINCE ANCIENT TIMES?

Debt default has various adverse effects on the parties of a loan transaction, namely the debtor, lender, market, and society. Many mechanisms have been developed for debt enforcement since ancient times. Unfortunately, the sanctions used in enforcement, especially for personal debts, have always been quite harsh. This paper evaluates the instruments used in personal debt enforcement. It presents that some sanctions used in ancient societies are still utilized in modern economies. While the traditional insolvency regulations focused only on protecting the lender by disregarding the humanitarian aspect, current laws also aim at the relief of defaulted individuals. Although there is no more death penalty and slavery, and are too few imprisonment practices today, the ancient instrument of seizing assets is still an essential sanction with some exemptions. Debt bondage is also not employed nowadays. However, confiscating the individuals’ future income may be considered a modern form of debt bondage.

Relationship between payment problems and health: A nation-wide register study in Norway.

Previous studies have found a solid correlation between payment problems and health, and a large body of literature has recognised the impact of debt burden on ill health. However, few have looked at the reversed causality-the impact of health on over-indebtedness and payment problems. In this article, we investigate whether or not a person with mental and physical health challenges is more likely to experience debt enforcement, and we take a step further to explore the role of health status on receiving debt settlement for those with severe payment problems. The article uses register data from Statistics Norway, the Norwegian Patient Registry and the Mortgages Registry from 2009 to 2018. When using conditional logistic models and fixed-effects Poisson regressions with a one-year lagged effect, we find that mental disorders significantly contribute to individuals' financial strains, while physical health does not play a substantial role. When integrating the models with dynamic health effects, all health indicators turned out to have substantial impacts, indicating an extended delayed physical health effect on financial outcomes. Poor health leads to increased payment problems, yet individuals facing health challenges have a lower likelihood of receiving necessary assistance in debt settlement. These findings emphasise the need for tailored services to address the financial challenges of debtors with diverse health conditions.

The dilemma of sovereign debt enforcement

The dilemma of sovereign debt enforcement

Evaluating the Role of Judicial Oversight in the Context of the Post-2018 Emolument Attachment Order Legal Frame

Historically, mechanisms facilitating civil debt collection and its broader discipline of civil procedure have been an unpopular legal research area, not only in South Africa, but also abroad.[1] In recent years, one civil debt collection mechanism has, however, attracted some academic attention.[2] This attention has resulted from relatively rapid legal developments to counteract widespread debtor exploitation resulting from systemic abuses.[3] The emolument attachment order (hereafter, “EAO”) mechanism, sometimes also referred to as garnishee orders,[4] functions as a civil debt collection instrument, usually following the granting of a default judgment,[5] where the debtors are judged to be legally liable to their creditor.[6] Through the application of EAOs, debtors’ property, specifically their wages, are exposed to execution, in order to satisfy the creditors’ expectations of performance. In this manner, a portion of workers’ wages are withheld from them by the debtors’ employers (the garnishees) after being legally requested or reserved by creditors. The EAO mechanism is a popular debt-collection instrument affecting the lives of potentially millions of people.[7] Creditors favour debt collection through the EAO mechanism, as it offers a relatively convenient and secure form of debt enforcement.[8]
 
 [1] De Vos 2002:236-237.
 [2] See, for example, Coetzee & Van Sittert 2018; Van der Merwe 2019.
 [3] Van der Merwe 2019:87-90.
 [4] There is a slight, but important difference between garnishee orders, a term used to describe an order that empowers the creditor to attach any debt owed to the debtor by any third party, and EAOs, which are specific forms of garnishee orders applicable to the employer-employee relationship. See Van der Merwe 2019:78.
 [5] Van der Merwe 2008:78.
 [6] The definition of EAOs is apparent from their function, which is explained in sec. 65J(1)(b) of the Magistrates’ Courts Act 32/1944.
 [7] As far as the author can ascertain, there are no statistics available on the exact number of EAOs currently in circulation. Haupt et al. 2008:85-104 experienced a similar challenge and relied on estimates to provide some indication of the extent of EAO use at the time. The author’s estimation of the number of lives affected by EAOs, including extended family members, is aligned with available data regarding the extreme scale of South African indebtedness (see, for example, Coetzee & Van Sittert 2018:110) and earlier indications of the prevalence of EAOs in circulation. See, for example, Van der Merwe 2019:80 at fn. 26, referring to an audit of a portion of the 1,75 million EAOs in existence in 2007.
 [8] South African labour laws are relatively protective of employees and EAO debtors are specifically safeguarded from employer retaliation as a result of EAO deductions. See Smit & Van Eck 2010:47, 65-66. In terms of sec. 185 of the Labour Relations Act 66/1995, every employee has the right not to be unfairly dismissed.

‘Our Practice Has a Superiority:’ Debt Enforcement, Bills of Exchange, and Credit in Eighteenth-Century Glasgow

Abstract This article explores the relationship between the Scots law of bills of exchange, debt enforcement procedures, and credit in the eighteenth century. Compared to England, Scots law’s procedures for recovering debts on obligations were faster, cheaper, and more efficient. These legal provisions are under-appreciated in the current literature on bills of exchange. Scots law’s superiority meant that the provision of medium-value credit in urban economies often occurred through written obligations. Using a new archival data set of nearly 300 bills of exchange from Glasgow, this article demonstrates how Glaswegians used those instruments. It finds that elements of the law of obligations traditionally stressed in the literature, namely negotiability, do little to explain the use of credit instruments in Glasgow. Instead, it was Scots law’s quick recovery procedures that account for their patterns of use. The data shows that inland bills did not commonly pass from hand to hand but instead were held as proofs of debt that could quickly be enforced. The advantage of Scots law in this area did not go unnoticed by contemporaries, and unsuccessful attempts at legal reform in the Victorian era sought to introduce the Scottish rules to the English system. This article joins a growing literature in turning scholarly focus away from the negotiable properties of bills, and shows the importance of expedited enforcement procedures for understanding the Scots credit system. It suggests that paying closer attention to procedural law and differences between jurisdictions can advance research agendas on the relationship between law and economic development.

임대차보증금반환채권 담보 목적 전세권의 법률관계

This paper reviews the Supreme Court's Decision 2018 Da 268538 sentenced on December 30, 2021, which determined the legal relationship when chonsegwon is established to secure a lease deposit return bond. The main issues in this ruling are whether chonsegwon is valid for the purpose of securing such bonds and whether the settler of a leasehold can claim a deduction for overdue payments under an internal lease agreement from the mortgagee of the leasehold if a mortgage is set on chonsegwon. First, the validity of chonsegwon to secure a leasehold security deposit return bond needs to be examined from the perspective of the nature of chonsegwon, statutory real property right principle, and sham transaction jurisprudence. In principle, this type of chonsegwon is valid unless the possibility of use and profit by the leaseholder is completely excluded. However, any part of the leasehold transfer agreement that is incompatible with the internal lease agreement constitutes a sham transaction and is invalid. A valid cause of action exists in a leasehold transfer registration if the partial invalidity doctrine of Article 137 of the Civil Code is applied. The next issue is whether the settler of a lease can claim a deduction for overdue payments under a lease agreement for internal reasons in response to the exercise of its surrogation right of the security deposit return bond of the mortgagee of the leasehold. The judgment reconciles the interests of the parties by applying the law of general debt enforcement or the law of false representation. The settler of the leasehold cannot claim a deduction for overdue payments under a lease agreement against a mortgagee who is unaware that the mortgagee has a lease agreement with the settler. However, the settler may claim a deduction for overdue payments under a lease agreement from a mortgagee who is aware that the settler has entered into such a lease agreement. The relevant judgment was reasonable in light of balancing the parties' conflicting interests.

What Affects Debt Enforcement Proceedings? Evidence from the Czech Republic

Abstract This paper aims to identify the factors contributing to the unusually high prevalence of over-indebtedness and debt enforcement proceedings in the Czech Republic at the granular geographic level of extended-powers municipalities (ORP). The main reason for this level is simple, not to lose information about differences among the municipalities, since there is quite a sharp contrast even within the same regions. The dependent variable is the share of people with one or more debt enforcement proceedings outstanding against them. We employ a set of explanatory variables including long-term unemployment, socially excluded localities, regional GDP per capita, education level, and a proxy for distance to the local economic center. The results are estimated using panel data regression with random effects, due to the time-invariant nature of certain variables. Because of poor data availability for some variables at this highly localized level, we make several assumptions; for example, we transfer the regional GDP per capita values to all ORPs in the region. Similar problems arise with education level, where we use data from the 2011 national census. Even with these data restrictions, our set of explanatory variables is shown to be statistically significant with the expected coefficient signs. GDP per capita and higher education level have a negative impact on the prevalence of debt enforcement proceedings, while long-term unemployment, the number of socially excluded localities in the area, and the distance-to-center proxy have a positive effect.

Protect or punish debtors? Policymaker discourse on the state’s role in personal debt governance

ABSTRACT Personal debt is a device increasing one’s agency but embedded within moral and legal frameworks that constructs people as individualised financial subjects. This article aims to enrich research on the state role in (subject) financialisation through a focus on personal debt governance modes as constructed in policymaker discourse on the state role in personal debt regulation. Our argument is contextualised in the Czech Republic, where, in 2021, 10 per cent of the adult population faced legal debt enforcement, significantly disrupting their economic situation. Through an analysis of 84 parliamentary debate transcripts and 32 regulatory impact assessment documents related to consumer credit and debt relief laws, we illustrate the ambivalence and complexity of debt governance and state roles. Although two main state roles were enacted – punitive and protective – the policymaker discourse forms a continuum of sorts, blending various moral logics, ascribing multiple responsibilities (individual, state and private actors) and intensively negotiating the category of debtor deservingness. We argue that by accenting financial education as a tool to solve perceived market failures (predatory lending), the financialised logic and structures are reaffirmed, albeit leaving certain discursive spaces for renegotiation and potential resistance against such state functions.

Debt enforcement, financial leverage, and product failures: Evidence from China and the United States

AbstractBuilding on capital structure and product market interactions, and the role of debt enforcement in leveraged firms' investments, we examine whether cross‐country debt enforcement can produce different associations between financial leverage and product failures. Results show that different debt enforcement systems can generate opposite leverage effects. In countries with weak/nearly ineffective debt enforcement, financial leverage shows an incentive investment effect due to low default costs, and thus highly leveraged firms tend to invest more and are less likely to have product failures. Conversely, in countries with strict/effective debt enforcement, distressed companies tend to have an underinvestment effect and more product failures.

Governmental Measures in Switzerland Against Mass Bankruptcies During the Covid-19 Pandemic

This article examines the impact of the Covid-19 pandemic on debt enforcement and insolvency law in Switzerland. Despite the absence of strict lockdown measures, many sectors of the Swiss economy suffered significant losses. The government responded by introducing generous public support schemes to keep businesses afloat. The article focuses on the modifications made to Swiss law during the pandemic to avoid mass bankruptcies and facilitate restructurings. The government first introduced a general stay of proceedings, preventing debt collection but not affecting the underlying obligation to pay, and later the Covid-19 Ordinance on Insolvency Law, which provided relief to companies, especially SMEs, to implement the necessary restructuring measures. Some unsuccessful initiatives, such as a special moratorium introduced for SMEs, are also discussed. Finally, the article considers the limited take-up of some of the insolvency measures and discusses the possible consequences of the obligation to repay Covid-19 loans in the future. Overall, it provides a comprehensive overview of the impact of the pandemic on debt enforcement and insolvency law in Switzerland and the measures taken to mitigate its effects.

Responding to the call for legislative development to alleviate the challenges with wage deduction as civil debt enforcement mechanism in South Africa: formulating a cohesive emolument attachment order act

Krediteure se voorkeur vir die Suid-Afrikaanse besoldigingsbeslagleggingsbevel as ’n siviele skuldinvorderingsmetode kan waarskynlik onder andere toegeskryf word aan die vatbaarheid daarvan vir ernstige debiteure-uitbuiting. Hierdie misbruik het die afgelope dekade uitgebreide ingryping deur die howe en wetgewer genoodsaak. Ten spyte van die positiewe wysigings aan die Wet op Landdroshowe in 2018, geniet besoldigingsbeslagleggingsbevel-debiteure steeds nie voldoende beskerming teen uitbuiting nie. In hierdie verband is verskeie beroepe gedoen op organisasies soos die regspraktykraad, die wetgewer en die howe, wat waardevolle geleenthede verbeur het om die saak van besoldigingsbeslagleggingsbevel-skuldenaarbeskerming te bevorder. Hierdie beskerming ontbreek veral waar besoldigingsbeslagleggingsbevele uitgereik is voor die vereiste geregtelike toesig en daarna apaties daartoe afgedwing word. Hierdie situasie stel gewetenlose invorderingsagentskappe in staat om eensydig enige en alle koste wat hulle kan vervaardig teen die debiteur te hef, aangesien hierdie koste gewoonlik nie takseer of geverifieer word na die uitreiking van ’n besoldigingsbeslagleggingsbevel nie. Pogings om hierdie misbruike reg te stel, is met groot weerstand begroet en was grootliks onsuksesvol. Sowel die regspraktykraad as die howe, en spesifiek die hoogste hof van appèl, het versuim om die dringende heersende bekommernisse aan te spreek deur die verantwoordelikheid vir regstellende stappe voor die deur van die wetgewer te lê. Die skrywer stem saam dat die mislukkings in hierdie verband nou wetgewende ingryping noodsaak. Trouens, die besoldigingsbeslagleggingsbevel-proses het ’n dringende behoefte aan verdere wetgewende hervorming, spesifiek gefokus op gevorderde skuldenaarbeskerming. In hierdie bydrae word gereageer op die oproep om wetgewende ingryping deur wetgewende ontwikkeling voor te stel om die ernstige en heersende kommer met die besoldigingsbeslagleggingsbevel-stelsel te verlig. Die omvang van die vereiste wetgewende ontwikkeling en die rol van die omvattende omgewing word oorweeg, voordat die spesifieke inhoud van die voorgestelde ontwikkeling bespreek word. Die skrywer bepleit wetgewende herstrukturering in die vorm van die ontwikkeling en proklamasie van ’n nuwe wet, die voorgestelde Wet op Besoldigingsbeslagleggingsbevele, met omvattende regulasies wat uitsluitlik toegewy is aan die regulering van die besoldigingsbeslagleggingsbevel-meganisme en die relevante proses.

KRİPTO VARLIKLARIN İCRA VE İFLÂS KANUNLARINDA GÖRÜNÜMÜNE DAİR İSVİÇRE ÖRNEĞİ

Kripto varlıkların hukuki durumu henüz belirli değildir. Türk hukukunda bu hususta bir düzenlemeye ihtiyaç vardır. Bu çalışmada kripto varlıklarla ilgili İsviçre örneği ele alınmaktadır. İsviçre hukukunda 2021 yılında yürürlüğe giren düzenlemelerin amacı, kripto varlıklar hakkında değişik sistemleri içerisinde barındıran hukuki bir yatırım ortamı tesis etmektir. Bu anlamda İsviçre örneğinde kripto varlıklar hakkında hukuki düzenlemeler yapılırken ekonomi hukukunun maddi hukukun ve icra ve iflâs hukukunun birçok kurumlarından yararlanılmıştır.
 Kripto varlıklar için hazırlanan yatırım ortamının oluşmasına hizmet eden düzenlemelerden biri, İsviçre İcra ve İflâs Kanunu madde 242a’dır. İsv. İİK’de kripto varlıkların her icra işlemindeki görüntüsü ayrı ayrı düzenlenmemiştir. Dolayısıyla kanun koyucunun kripto varlıklar hakkında düzenleme yaparken kazuistik bir yöntem kullanmadığı belirtilmelidir. İsv. İİK’de, güvenli yatırım için önemli bir unsur olan aracı kuruluşlar ile yatırımcılar arasındaki ilişkinin iflâs tasfiyesi boyutuna odaklanılmıştır. İsv. İİK m. 242a, aracı şirketlerin tasfiyesinde kripto varlıkların hariç tutulabileceğine ilişkindir. Bu maddeden bir kaç farklı sonuç çıkartılabilir. Örneğin kripto varlıkların iflâs tasfiyesine dair maddelerde yer alması, aynı zamanda kripto varlıkların haciz işlemine konu ve iflâs masasına dahil olacağını da zımnen ifade etmektedir. Bu çalışmada İsviçre hukukunda yapılan kanuni düzenlemelerde yer alan gelişmeler ışığında, iflâs tasfiyesinde kripto varlıkların durumu tartışılacaktır.

Politics of the Debtfare State: Repoliticizing the Czech Debt Enforcement Order and Its Limits

In Czechia, one of the statistically most equal and least indebted states, almost one-tenth of its (mostly low-income) population is entrapped in debt enforcement proceedings. I foreground such a contradiction to investigate the politics of the debtfare state in East-Central Europe (ECE). This nuances the scholarship on the repolitization of the ECE neoliberal state by populist forces and their instrumentalization of its middle-class welfare state strategies in the 2010s. Identifying the Czech debt enforcement industry as a leading poverty industry in ECE, I explore its depoliticizing origins in the Debt Enforcement Order (DEO), a flagship legal framework regulating the creditor–debtor–bailiff relations. Interpreting the political struggle over the DEO-centered debtfare state strategy, I then trace its limited repolitization since the mid-2010s, which redirects its reforms from their original pro-creditor and -bailiff prioritization to a prioritization of low-income debtors. This politics complements the repolitization of the neoliberal state beyond populism.

Shaming for Tax Enforcement

We investigate company reactions to the threat of reputational losses. To do so, we leverage the introduction of a naming-and-shaming policy for tax debt enforcement in Slovenia in 2012. The policy was announced four months before its implementation, which allows us to separate responses to the threat of shaming from the responses to actual shaming. Our extensive administrative tax data cover taxes owed and paid for the universe of taxpayers in Slovenia. Based on a quasi-experimental research design, we document that corporations significantly reduce their tax debt in response to the threat of shaming, particularly in industries in which reputational concerns are likely to be important. Self-employed individuals also reduce their tax debt but to a lesser extent. The publication of the first naming-and-shaming list further reduced tax debt among shamed taxpayers. However, the effect of actual shaming is marginal compared with that of the threat of shaming and reduces quickly. Previously compliant taxpayers remained compliant throughout. This paper was accepted by Yan Chen, decision analysis. Funding: This work was supported by Deutscher Akademischer Austauschdienst [Grant 91537728/211483], Deutsche Forschungsgemeinschaft [Grant DW 75/1-1], and Norges Forskningsråd [Grant 314479]. Supplemental Material: The online appendix and data are available at https://doi.org/10.1287/mnsc.2021.4295 .

МЕХАНИЗМ ФОРМИРОВАНИЯ И СПЕЦИФИКА ФУНКЦИОНИРОВАНИЯ ИНСТИТУТА КОЛЛЕКТОРОВ В СИСТЕМЕ БАНКРОТСТВА ЭКОНОМИЧЕСКИХ СУБЪЕКТОВ

The purpose of this study is to provide a theoretical justification for the institutional dynamics and inconsistency of the functioning of the Russian institution of bankruptcy. This will clarify and define its specific features, identify trends, determinants and strategic directions for optimizing the infrastructure environment of the institution in question in the domestic system of the economy. Based on the results of the study, the authors identified institutional features that predetermine the “pro-creditor” nature of the work of the bankruptcy institution in Russia and a number of structural features of the work of the main components of its infrastructure. We are talking, in particular, about factoring companies, the institution of collectors and the creation of a “combined” model of the institution of mediation, which is represented by both judicial and private mediators. This gave grounds for establishing the multidirectional, contradictory and unstable nature of the formation of the infrastructural environment of the institution of bankruptcy in Russia. The activity of collection companies - an infrastructural component of debt enforcement - contributes to the formation of the basis for the institution of client insolvency. This determines a large number of functions that these companies perform. Such functions are implemented primarily in the economies of the Western countries with a debtor and pro-creditor orientation of the institutional infrastructure. These functions are aimed at ensuring the reproduction and constancy of the functioning of debt institutions of clients.

Debt enforcement and the cost of debt financing in M&As

We examine whether the debt enforcement affects the cost of debt securities in M&A transactions in 28 countries. Strong enforcement lowers the yield of securities. We show that legal enforcement affects the offering yield through the priority rule for creditors, which means senior debt creditors are paid in full first. The offering yield is higher for a security when a higher proportion of subordinated debts is used in an M&A transaction. However, strong enforcement improves a lender's chance of being paid back even for subordinated debt, so the offering yield is lower for subordinated debt in countries with better enforcement.

Strengthening the Enforcement of Customs Debt within the Institution of Customs Debt Security in the EU

This article examines the institution of customs debt security under the EU Customs Code and the closely related institution of customs debt, without which the former would not exist. The literature review carried out for this article has revealed a serious knowledge gap in this area. Based on the EU Customs Code. Three types of customs securities are presented, provided for in the EU Customs Code: mandatory (obligatory); non-mandatory (optional); not required (exemption), and applied forms of customs securities. The analysis is complemented by a discussion of the debtor’s responsibility for the debt arising by operation of law, focusing on the joint and several liability of customs debtors, which is predominant in economic turnover and constitutes a security mechanism for customs debt coverage. This mechanism on the one hand protects the EU budget and on the other hand, it guards the principle of fair competition on the EU market. customs debt, customs debt security, customs guarantor, legal principles, administrative sanction, debtor’s liability, compulsory guarantee, optional guarantee