The Walking Debt – On the Morals of Ownership in Debt and its Alienability

Derpmann, Simon

Zusammenfassung

The article provides a moral analysis of the commercial trade of financial claims against private debtors. Secondary debt markets process a type of object that differs from regular commodities. The specificity of debt lies in its peculiar relationality that is in tension with its legal constitution as a commercial object, or with its treatment as a mere thing. The constitution of a credit claim presupposes a corresponding financial liability. Thus, debt relations are constituted by polar correlates of deontic modalities. Debt buyers do not obtain mere monadic objects, but intersubjective rights of action against debtors. In turn, they arguably do not become mere owners of abstract claims, but successors to a position in a preceding social relation that is imbued with moral limitations and responsibilities. Markets for debt are thus subjected to the deontic logic of credit relations, not to the norms of ownership in things.