This chapter examines the provisions of the European Convention on Human Rights on personal liberty and security, and discusses the provisions of Article 5, which aims to guarantee liberty of the person and to provide guarantees against arbitrary arrest or detention. It explains what amounts to a deprivation of liberty and considers the concept of arbitrariness. The chapter also criticises the rather confused and unclear text of Article 5, examining each part of Article 5 and discusses the interpretation of the Court of this Article in its judgments. This includes the Court’s approach to detention on grounds provided for in the Article such as mental health and detention for the purposes of removal from the State.
Chapter
11. Personal Liberty and Security
Chapter
23. Personal security
This chapter examines the extent of personal security. Personal security is provided by means of contracts of suretyship, wherein the surety undertakes to be answerable for the contractual performance of another. Moreover, contracts of suretyship may be used to secure the performance of any kind of contractual undertaking, but they are most commonly used to secure payment of debts. The chapter cites that a contract of suretyship may be either a guarantee or an indemnity, but neither of them is used consistently. It also introduces letters of comfort as a means of reassuring a potential creditor about repaying the debt.
Chapter
21. Credit and security
This chapter discusses the interplay between credit and security. In a commercial context, credit refers to a person's financial status or reputation for solvency or a sum of money owed from the bank's records. Additionally, credit facilities play a key role in financing the acquisition of goods and services or supporting general business activity. Credit is supplied whenever the payment of a debt is contractually deferred through either loan credit and sales credit or fixed sum and revolving credit. The chapter then provides an overview of the variety of arrangements developed to fulfil the creditor's desire for either real or personal security.
