Auswahl der wissenschaftlichen Literatur zum Thema „Acknowledgement of debt“

Objective - The purpose of the paper is to discuss different forms or methods of acknowledging debt by the debtor. The paper analysis laws and cases decided by the Malaysian courts. Methodology/Technique - The methodology adopted in this study is by analysing court decisions in various cases on debt acknowledgement. Findings - The findings show that when there is acknowledgement of debt, there are several legal implications. Novelty – The paper Novelty - The paper is original since it focuses on different methods of debt acknowledgment accepted by the Malaysian courts and the legal implications or consequences resulting from such acknowledgement. As far as it is concerned, there is no specific study or compilation has been conducted on the above title. Type of Paper - Empirical. Keywords: Payment; Debt; Acknowledgement; Time Barred; Forms.

One of the forms of trust between one individual with the others is by making a mutual agreement that is outlined in a written agreement. In the process of it, there are certain conditions that might result in the termination of the agreement as there is default in the written agreement. One of the forms of written agreement that has been stated is debenture note. As if the case of Supreme Court Decision No. 3051/K/Pdt./2017 pertaining to creditor collect debt towards debtor in which the debtor has been negligent and not able to settle the debt throughout 3 (three) months successively as the debt acknowledgment letter has not ended with the result that creditor accuse the debtor to be seized its collateral. Research Methodology that is being used is, juridical normative law research methodology. Inasmuch as juridical normative law research methodology therefore sources and types of data focused on secondary data. Through this research it can be concluded that, debt acknowledgement letter that is made under consideration of Supreme Court Judge is not based on when is the end of the acknowledgement letter, but it is more to the substance of the contents of the debt acknowledgement letter which is the primary essence of the birth of its debt recognition, where both sides agreed the debt shall be collected immediately for 3 (three) months successively.

Veterans have served their nations and their people, and though some might argue that monuments and ceremonials may serve the glorification of war, it is important to separate political philosophies from the actions of those whose work allows national security decisions to be enacted. What is indisputable is that, along with respect, recognition, and acknowledgement of the service of Veterans, we owe a debt of gratitude that must translate into action.

Veterans have served their nations and their people, and though some might argue that monuments and ceremonials may serve the glorification of war, it is important to separate political philosophies from the actions of those whose work allows national security decisions to be enacted. What is indisputable is that, along with respect, recognition, and acknowledgement of the service of Veterans, we owe a debt of gratitude that must translate into action.

In paper considers the order of determination of bank assets losses and accordingly documentary acknowledgement of causing losses to it because of credit contracts conclusion when carrying out forensic economic examinations. A variety of credit contracts preconditions possibility of providing by banks of financial services in crediting on different conditions and with involving or without involving assuring, due to the conclusion of some of these there is possible causing of losses to bank. The contract of not renewed credit line in national currency of Ukraine is considered as an example. When performing a research on the specified question, the great value has determination, using registers of bank account, the debt receivable sum under credit contracts concluded with borrowers and definition that the debts against bank under such credit contracts as of concrete date are displayed as assets of bank and accordingly are not considered as hopeless. That is, the debts sum while there is a confidence of its repayment, cannot be defined as losses as there is a probability of reception by the enterprise of economic benefits in the future, and for the bank an economic benefit is a potential possibility of money resources reception on account of debts repayment that will lead to increase in its assets. Thus, for the determination of a damage size (causing of losses) for bank owing to the conclusion of credit contracts with borrowers, the presence of the following conditions is necessary: presence of assets losses; presence of the short-received incomes; presence of the established infringement of the legislation of Ukraine. Absence of documentary acknowledgement of the mentioned conditions (absence of the data certifying to causing of losses to bank as a result of the conclusion of credit contracts with borrowers) accordingly will affect upon the result of the expert research.

The determination of petroleum resources is a technical function executed by geoscientists and reservoir engineers. The determination and valuation of petroleum reserves is a commercial function that requires input from development and cost engineers, economists and financial and risk analysts. While the technical aspects of both determinations are generally carried out with diligence, the financial considerations are frequently given scant regard. Of particular note are the infrequent acknowledgement of risk and the application of appropriately considered discount rates.It can be demonstrated that inappropriate selection of the discount rate can create material distortions in the determination and valuation of reserves.Our proposition is that the rate at which the cash flows are discounted should reflect the reserves uncertainty, specifically the relationship between the proved reserves, which can be financed out of debt, and probable reserves that are typically financed out of equity. Specifically, for the valuation of proved+probable reserves, rather than use a corporate WACC, i.e. one which reflects the average ratio of the costs of debt and equity, investors should instead use a WACC which is based on the ratio of proved: probable reserves weighted cost of debt: equity.

It is only fair to readers that I declare my unusually personal interest in the book that is the principal subject of this review essay. I was a (overall favourable) reviewer of an early version of Plowshares into Swords—albeit for a university press other than the one finally chosen by Grant Hammond—as the author attests in a generous acknowledgement. In addition, and rather more to the point, Hammond suggests strongly that the conceptual provenance of his study owes some debt to a 1971 article of mine. In Hammond's words:

Linguistic studies of collective consciousness are practically nonexistent though insightful ideas are found in works of many linguists (Chomsky 1985, Fowler 1996). The central tenet of this paper is that archetypes (mental representations of concepts in collective consciousness) are built around socially significant experiences of people and comprise meanings which incarnate collective sentiments and ideologies. The number and composition of such meanings can change and vary due to an interplay of environmental factors – social, political, economic, cultural, etc. – and can be drawn from discourses which perform an ideational function concerned with the representation of world views in a language. Two propositions are preconditional for the present research: first, the acknowledgement of the force of authorial intent (intentionality) in discourse and, second, the assumption that over a long history, language has learnt to suit the needs of the society it functions in (mainly the needs of dominant social groups) by legitimatizing some meanings (conventional meanings) and rejecting others. The concept chosen for the analysis is monetary DEBT. Debt plays an important role both in the economic life of a country and in private lives of individuals. The attitude to debt has been changing throughout the history, and we hypothesize that economic discourses have had a major impact on collective perception of the concept in question.

As a serious subject of scholarly investigation modern Middle Eastern history is very young. It was only 50 years ago that the subject began to be studied by historians who were adequately equipped for the work. Its subsequent rapid progress to the position of respectability which it now occupies within the discipline of history owes much to the work of a handful of scholars among whom Albert Hourani and Elie Kedourie were especially conspicuous. The deaths of these two notable historians should not pass without an acknowledgement of the debt which we owe them and an appreciation of their contribution to the happy revolution in the branch of history which they adorned.

This article examines the relationship that Jacques Derrida and Sarah Kofman developed throughout their lifetimes, both as close friends and as philosophers who shared many common research interests. In his tribute to Sarah Kofman, published in Les Cahiers du Grif in 1997, Derrida stated that ‘These interests and exercises go far beyond the limits of a short narrative, indeed of a terminable analysis’, thus challenging the reader to delve into these ‘elliptical greetings’. The numerous interactions present in Kofman's and Derrida's respective bodies of work are not without conflicts nor dissymmetry, and their often oblique modes of acknowledgement are far from any ‘balance’ on either side. Revisiting some of the différends among two great thinkers of différance, this article highlights the Derridean logic of gift and debt at work between them. Focusing on the posthumous tribute Derrida pays to his friend (left untitled, which is itself a revealing gesture), one can sense that there is much at stake in that piece that touches on the major question of forgiveness and the affirmation of survie or living on, thus setting a scene of reading where Derrida's debt towards Kofman turns out to be more telling than one may have expected.

La reconnaissance de dette se présente de prime abord comme un acte du quotidien des plus banals : un père prête à son fils une somme d’argent pour l’aider dans un projet, et celui-ci souscrit une reconnaissance de dette ; une succession s’ouvre, et l’on découvre une reconnaissance de dette dressée par le défunt ; un dirigeant de société signe une reconnaissance de dette pour l’activité de la société. Cette banalité induit une certaine évidence dans l’appréhension juridique de cet acte, et justifie probablement qu’aucune étude d’ensemble ne lui ait jamais été consacrée en doctrine. Une telle simplicité n’est pourtant qu’apparente. Les diverses qualifications juridiques que lui prête la doctrine en témoignent : acte unilatéral, contrat unilatéral à titre onéreux, acte déclaratif, acte récognitif, aveu, etc. Loin de constituer un questionnement purement théorique, déconnecté de la pratique, la qualification retenue pour la reconnaissance de dette emporte d’importantes conséquences sur le régime juridique qui lui sera appliqué. Est-elle soumise aux règles relatives aux vices du consentement du droit commun, ou de l’aveu ? Faut-il lui appliquer certains principes relatifs à la preuve, tel que celui de la loyauté ? Quelle capacité exiger de son auteur ? La récente réforme du droit des contrats a ajouté son lot de questionnements en supprimant la cause, grâce à laquelle la jurisprudence contrôlait l’existence d’une dette en matière de reconnaissance. Quel fondement utiliser pour contrôler cette existence en présence d’une reconnaissance de dette souscrite après le 1er octobre 2016 ? Pour répondre à l’ensemble de ces interrogations, la thèse se propose d’abord d’identifier la nature juridique de la reconnaissance de dette, qui semble se trouver quelque part entre la preuve et l’acte juridique. L’opération de qualification requerra d’adopter un autre regard sur ces deux notions, traditionnellement opposées, afin d’envisager l’éventualité d’une catégorie d’acte juridique présentant une qualité probatoire. Le régime juridique de la reconnaissance de dette pourra ensuite être bâti sur le socle de la qualification retenue, dans l’optique d’épouser les singularités de cet acte. Cette construction commandera souvent de résoudre les contradictions apparentes entre preuve et acte juridique
An acknowledgement of indebtedness has become one the banalest actions of everyday life: a father loaning his son some money for him to undertake a project, for which he would write a certificate of indebtedness; heirs finding out that the deceased person had written a certificate of indebtedness; a CEO writing a certificate of indebtedness to save their company… This banality implies some kind of obviousness in the way that this act would be acted upon legally. It probably explains why the doctrine has never researched it extensively. The apparent simplicity of dealing with the outcomes of certificates of indebtedness hides an uncovered process. The numerous legal qualifications given by the doctrine prove it: unilateral act, unilateral contract concluded for pecuniary interest, declarative act, acknowledging act, avowal, etc. Far from constituting a purely theoretical questioning, disconnected from practice, the qualification used for the consequences of dealing with an acknowledgement of indebtedness has important consequences on the legal regime that will be applied to it. Should it be bound to the rules relating to the defects of consent, or the avowal? Should certain principles relating to proof be applied to it, such as loyalty? How liable should the author of a certificate of indebtedness be? The recent reform of contract law has added its share of questions by removing the cause, thanks to which the case law controlled the existence of a debt in terms of recognition. What basis should be used to control this existence in the presence of an acknowledgement of debt subscribed after October 1st, 2016? To answer all these questions, this thesis first offers to identify the legal nature of the acknowledgement of debt, which seems to be somewhere between the proof and the legal act. The qualification operation will require adopting another look at these two notions, traditionally opposed, to consider the possibility of a legal acts category having a probative quality. The legal regime for the acknowledgement of debt can then be built based on the retained qualification, aimed to embrace the singularities of this act. This construction will often require resolving the apparent contradictions between the proof and legal acts

This commentary analyses Article 10.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning new limitation periods by acknowledgement. All major jurisdictions accept that a new limitation period starts to run if the obligor acknowledges the obligee's right. This rule is consistent with the policy considerations underlying limitation periods, since an acknowledgement makes it clear that the obligor is aware of its debt. According to Art 10.4, if the obligor before the expiration of the general limitation period acknowledges the right of the obligee, a new general limitation period begins on the day after the day of the acknowledgement. The maximum limitation period does not begin to run again, but may be exceeded by the beginning of a new general limitation period under Art 10.2(1). This commentary considers the definition of acknowledgement, the time of acknowledgement, burden of proof relating to the new limitation period, and effects of the obligor's acknowledgement of the obligee's right.

We owe a debt of gratitude to many people who helped us for the publication of the book “Sustainable Business Practices for Rural Development”. This book is an outcome of the international conference organized by Udhampur Campus, University of Jammu on the theme sustainable business practices in collaboration with Indian Council for Business Education, Bangalore on February 27-March 1, 2018. To begin with, we would like to express our sincere and deepest acknowledgement to our worthy Vice- Chancellor, Professor RD Sharma for his unflinching support and valuable advice in promoting and motivating research culture for the development of knowledge competencies among the scholars and faculty. We are highly grateful to all the contributors whose timely support and help made this task possible. Special thanks are due to the team of reviewers- Deepti Abrol, Kamani Dutta and Ritika Sambyal for their painstaking efforts in reviewing the papers with sincerity and with full commitment to improve the quality of the papers. We are also highly grateful to all the faculty members in Department of Commerce and Department of Economics, Udhampur Campus, University of Jammu for their consistent help and support in supporting activities. We are grateful to each one of them for their contribution. Last but not the least we would like to thank our publication partner Cambridge International Academics, UK for making our dream true.

Documents 44–52 are legal documents of various types. These include a lease of land (44), a lease of a boat (45), a document of testimony relating to the sale of property (46r), a document of sale (46v), an acknowledgement of a debt (47), marriage contracts (48, 51), a document concerning the division of property after divorce (49r), a court record relating to divorce (49v), an acknowledgement relating to divorce (50) and a court record relating to marriage (52). Document 53 is a letter written by a judge relating to a marital dispute. The content and structure of the documents are described.

Building off Fredric Jameson’s observation that Louis Zukofsky and Charles Olson persist in using an “unseasonable form” as their long poems carry on with a Modernist aesthetic during the emergence of Postmodernism, this chapter examines how both poets self-consciously consider their relationship with objects. Closely associated with Objectivism, Zukofsky’s work, including “A”, foregrounds objects in our everyday lives. This focus on objects is informed by Zukofsky’s understanding of Marxist theory, although it is not limited by that knowledge. His debt to the materialist philosophy of Baruch Spinoza is also acknowledged. Olson rejects Objectivism in favor of what he calls “objectism” in his influential manifesto, “Projective Verse.” Olson does not become as closely associated with this concept as Zukofsky does with Objectivism. Nevertheless, this chapter shows how the notion of objectism can be used as a tool to understand Olson’s The Maximus Poems, from the poem’s early focus on the material lives of European settlers in New England to its final moments when objects take on equal value to the self, registering his speaker’s acknowledgement of vibrant matter.

Europe’s (euro) crisis of legitimacy stems from the European Union’s ‘governing by rules and ruling by numbers’ during the sovereign debt crisis. Rules-based governance focused on austerity and structural reform played havoc with the Eurozone economy while fuelling political discontent. Subsequent reinterpretation of the rules ‘by stealth’ may have improved performance, but it did nothing to change the suboptimal rules and only further contributed to EU and national politicization. Although general acknowledgement of increasing flexibility came as of 2015, along with quantitative easing and investment, the damage had been done. Legitimacy remained in question, understood not only with regard to economic performance (output) and political responsiveness (input), but also in terms of the quality of the governance procedures (throughput). The chapter begins by conceptualizing legitimacy, and then explores EU institutional actors’ different pathways to legitimacy, and the ways in which they responded to the Eurozone crisis over time. The chapter concludes with a discussion of how the EU appears to have learned the lessons of the Eurozone crisis during the Covid-19 crisis.