Academic literature on the topic 'Debtor and creditor – Law and legislation'
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Journal articles on the topic "Debtor and creditor – Law and legislation"
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Bokwa, Krzysztof, and Iwo Jarosz. "The historical development of anti-usury laws in Austria and Poland." Fundamental and applied researches in practice of leading scientific schools 40, no. 4 (September 30, 2020): 18–26. http://dx.doi.org/10.33531/farplss.2020.4.3.
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Virtually all modern legal system attempts to balance the interests of debtors and creditors. Both categories of parties are equipped with instruments protecting their interests where the law (precisely: the social and moral convictions prevalent in the society that tend to determine the content of the law) deems such protection justified. Just as creditor protection concentrates on dealing with dishonest debtors and preventing fraud, debtor protection has been crafted to shield debtors from abusive interest rates or other – excessively detrimental – contractual provisions (e.g. clauses that unconscionably expand debtors’ liability or render their defences effectively inoperative). Such practices, especially charging excessive interest, have been called usury. In contemporary Polish law the system of debtor protection is multi-layered, with various instruments whose scope often overlaps. That such system exists and how it operates is a direct result of the historical development of instruments aimed at combating usury. This text aims to recapture how anti-usury legislation developed in Austria, whose legal system is closely related to Polish, and to describe how legal systems tend to arrive at very similar outcomes – notwithstanding the differences in the globality of circumstances. The authors employ legal comparative and historical methods, supplanted by formal-dogmatic ones, to present the evolution of anti-usury legislation in Austria as well as the state of anti-usury private law legislation in Poland.
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Аюрова, Аюна, and Ayuna Ayurova. "Theoretical Grounds of the Challenging of the Transactions under the Bankruptcy Legislation." Journal of Russian Law 4, no. 11 (October 31, 2016): 0. http://dx.doi.org/10.12737/22197.
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A lot of national and foreign researchers attempted to examine the theoretical grounds of the challenging of the transactions under the bankruptcy legislation. Thus, tort and quasi-delictual theory, the theory of executive power of the judgment, the theory of the judicial lien and legal theory have been developed. However, until now there hasn’t been developed a unified approach to understanding of the question of what is the basis of the creditor’s right to demand recognition of the debtor’s invalid transaction committed by itself with a third party, in respect of which insolvency (bankruptcy) case has been initiated. This paper analyzes the main concepts developed in support of the rights of the creditor and assesses their strengths and weaknesses. The study and its findings formulated on the basis of the former have allowed the author to offer his own opinion based on challenging the debtor´s transactions. The author reveals the purpose of legal regulation of invalidity of transactions the debtor committed to them on the eve of bankruptcy. This purpose is to protect the rights and property interests of both the debtor and the creditors, as well as is the formal (violation of the law) and material (violation of the property rights of the debtor and its creditors) base to contest the transactions.
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Kruhlova, Olha. "Legal analysis of mechanisms of influence on debtors." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (June 3, 2020): 115–19. http://dx.doi.org/10.31733/2078-3566-2020-2-115-119.
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This article is dedicated to exploring legal mechanisms that can be used against debtors to satisfy creditors' rights and interests. The purpose of the study is to determine the list of measures aimed at exercising effective influence on the debtor, provided by law, and to formulate criteria for their application. The author draws attention to changes in the current legislation in this area in recent years and stresses the urgency of maintaining discipline in obligations, given the difficult economic situation in the country and the global financial crisis. One of such positive changes should be the establishment of the keeping of the Unified State Register of Debtors in Ukraine, whose functioning makes it possible to identify the debtor's property and impose restrictions on it, prohibit alienation and so on. And all this provides an opportunity to meet the property needs of creditors. For the first time, the study reveals the criteria that should be used to determine the areas of influ-ence for entities with debt to the lender: characteristics of the individual (individual / legal entity, etc.); the area of law that sets the obligation for the debtor (civil / family / commercial law, etc.); the causes of the debt (insolvency / liability of the debtor, etc.); the personal position of the debtor and / or creditor in the situation that has arisen (initiation of debt resolution / restructuring, etc.) The article also analyzes the specifics of choosing measures to influence debtors who have certain statuses. Such a feature exists in particular for an individual, a legal entity, a state-owned enterprise, an alimony debtor, an insolvent debtor, and others.
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Hadinata, Ryan Ari. "Legal Consequences for Creditors Caused by Forced Withdrawal of Fiduciary Objects." NORMA 18, no. 2 (July 30, 2021): 27. http://dx.doi.org/10.30742/nlj.v18i2.1588.
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The researcher used the title Legal Consequences for Creditors Caused By Forced Withdrawal Of Fiduciary Objects. The formulation of the problems that arise includes, among others: what the creditor can take legal actions if the debtor does not pay the debt when it is due and what are the legal consequences faced by the creditor for the debtor's legal action related to the forced withdrawal of the object of fiduciary security by the creditor, The form of this research method is normative legal research, so in this study, an approach to legislation along with views and doctrines in legal science is analysed which is then analysed against the application of Law to resolve legal issues in this study. From the result the analysis carried out in this study, the researcher states that: as a result of the creditor executing the object of fiduciary security by force when the debtor defaults, it can be subject to criminal sanctions contained in Articles 335, 365, and 368 of the Criminal Code related to using coercion and physical violence and in Article 3 paragraph 1 of the Regulation of the Minister of Finance of the Republic of Indonesia Number 130/PMK.010/2012 which also imposes sanctions on financial institutions that do not register the object of guarantee at the fiduciary guarantee registration office. As for the things that underlie the parties to take legal action, namely: the creditor wants the debtor's obligations to be carried out correctly to pay off his debt. In contrast, the debtor wants to get protection against the forced withdrawal of the object of the guarantee carried out by the creditor.Keywords: Guarantee, Execution, Fiduciary
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A, Babaskin. "Legal nature of subordinated debt of financial institutions in Ukraine." Yearly journal of scientific articles “Pravova derzhava”, no. 31 (2020): 272–81. http://dx.doi.org/10.33663/0869-2491-2020-31-272-281.
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In the article, the author argues that from the point of view of private law, the relationship that arises between the debtor (financial institution) and the creditor in attracting funds on terms of subordinated debt, is an economic relationship for attracting, respectively, loan, loan, bank deposit, which is performed on the terms of subordinated debt. Liabilities arising from borrowing on a subordinated debt basis are long-term, unsecured, repayable, and that change the order of creditors' claims to be applied in the event of the debtor's liquidation or bankruptcy. The existence of public-law rules governing the attraction of funds on subordinated debt does not affect the legal nature of the said transactions. Therefore, the failure of a debtor to comply with a transaction with the requirements of public law to attract funds on the basis of subordinated debt does not affect its validity. The funds attracted by the debtor bank acquire the status of subordinated debt, subject to obtaining the permission of the National Bank of Ukraine to take into account the borrowed funds on terms of subordinated debt to the capital of the bank. In the absence or revocation of the said permit, there is no reason to include such funds in the equity of the debtor bank and to assign the claims of the lender to such transaction in the event of liquidation or bankruptcy of the debtor bank to the queue established by law to satisfy the claims of creditors on subordinated debt. The article gives a comparative description of subordinated debt and hybrid capital instruments as components of the bank's additional capital, and offers suggestions for improvement of the current legislation of Ukraine.
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Ochocińska, Karolina. "Creditors' and Third Parties' Rights In Rem under European Union Regulations and the UNCITRAL Legislative Guide on Insolvency Law." Comparative Law Review 27 (December 22, 2021): 353–66. http://dx.doi.org/10.12775/clr.2021.015.
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The purpose of this article is to present the legal position of creditors and third parties secured by rights in rem. The analysis takes into consideration the situation when the bankruptcy of a debtor is declared. The purpose of the article is to present the regulation provided in European Union regulations. According to the European Union regulations, the opening of insolvency proceedings does not affect the rights in rem of creditors or third parties {to assets?} belonging to the debtor which are situated within the territory of another Member State at the time of the opening of insolvency proceedings. Therefore the question arises of whether the scale of protection of a secured creditor or of third parties' is too wide in comparison with other creditors. Moreover it is necessary to compare the European Union provisions with regulations of an international character. The provisions of the UNCITRAL Legislative Guide on Insolvency Law constitute a point of reference for a comparative analysis of this issue.
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Kovalyshyn, Oleksandr. "Ukrainian Insolvency Law: Retrospective And Current Issues." Gdańskie Studia Prawnicze, no. 2(54)/2022 (July 11, 2022): 45–53. http://dx.doi.org/10.26881/gsp.2022.2.04.
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The article is devoted to the historical and current issues of Ukrainian insolvency law. The author states that the insolvency law after 1991 passed three stages: 1) 1991 to 1996 – the replacement of soviet legislation in an independent state and the adoption of the Law of Ukraine “On Restoring Debtor’s Solvency or Declaring a Debtor Bankrupt”; 2) 1996 to 2018 – the influence of European doctrine of insolvency law based on restoration of the debtor’s solvency; 3) 2018 – the current stage of insolvency law based on the Ukrainian Code of Bankruptcy Procedures.
It is emphasized that the new Ukrainian Code of Bankruptcy Procedures is a compromise between “pro-creditor” European law and US law, which protects the debtor as much as possible by allowing him to restore solvency (“fresh start”) quickly.
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Mastilovic, L. "The restructuring of the debtor as a means bankruptcy warnings under european law legislation." Courier of Kutafin Moscow State Law University, no. 3 (May 15, 2020): 179–86. http://dx.doi.org/10.17803/2311-5998.2020.67.3.179-186.
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Directive on preventive restructuring 1023/2019 (hereinafter referred to as the Directive) guarantees the right of bona fide and prospective commercial entities (hereinafter‑debtors) to initiate a preventive restructuring procedure in the absence of signs of bankruptcy, subject to the mandatory consent of the debtor and the majority of creditors, while, if the disagreement of the majority of creditors is not economically justified, the procedure can be approved by the authorized body (hereinafter — the court). The purpose of the procedure is to prevent bankruptcy in advance. A significant common characteristic of preventive restructuring and bankruptcy proceedings is the collective extension of legal consequences to all creditors, including those who disagree, because a single legal will is economically necessary to achieve the goal. In addition, it prohibits any of the creditors, including those from the dissenting minority, from starting enforcement proceedings (bankruptcy proceedings or enforcement proceedings) at a certain period, even if there are grounds provided for by law, since the legal consequences apply to all creditors, which ensures the incentive and effectiveness of the measures taken and avoids a conflict of creditors due to different assessments of the economic situation and prospects of the debtor.
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Marina, Venetskay. "Expansion of party replacement designs in the commitment in the civil law of Ukraine." Yearly journal of scientific articles “Pravova derzhava”, no. 31 (2020): 298–305. http://dx.doi.org/10.33663/0869-2491-2020-31-298-305.
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The article is devoted to improving the legal regulation of the replacement of a party to an obligation in the civil legislation of Ukraine, taking into account the needs of civilian turnover and economic practice. The reasonability of the additional settlement of issues of reimbursement of contracts for the assignment of claims and compensation for additional costs associated with such a concession, as well as the introduction of the institution of the assignment of contracts into Ukrainian civil law, is argued. The lack of a direct indication of the law on the remuneration of a claim for assignment of a claim has led to the emergence of a number of interpretations of such a transaction as being non-remunerative. Meanwhile, according to the basic provisions of the Civil Code of Contract - the contract is repayable, unless otherwise stipulated by the contract, law or does not follow from the essence of the contract. In addition, the consequence of concluding a deed of assignment claim is the acquisition by the new creditor of property rights that are property, so the free acquisition of property must be considered as a gift, an indication that is absent in the legislation. Unknown to the contract law of Ukraine and the civil institute of contract withdrawal, which is sufficiently widespread in economic practice and is regulated by European legislation. . The meaning of a contract cancellation is to transfer from one person to another the rights and obligations under the contract with a third party, ie it is a simultaneous combination of the cancellation of claims and the transfer of debt. It is necessary to extend the methods (structures) of transfer of debt through the introduction in Ukrainian civil law of the methods known since Roman times, in particular, the expropriation as a separate construction of the replacement of the debtor in the obligation, which occurs on the initiative of the creditor and on the basis of the agreement concluded between such credit and the new debtor in the absence of the need to obtain such consent from the original debtor; and intercession as a construct, when a new debtor is joined to the obligation (which may be divisible) and each of them must fulfill the obligation in its share.
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Soraya, Disa. "LEGAL PROTECTION OF DISADVANTAGED DEBTOR CUSTOMERS IN THE IMPLEMENTATION OF OBJECT EXECUTION AUCTION PROCEDURES IN BANK CREDIT AGREEMENTS." Indonesia Private Law Review 2, no. 1 (March 24, 2021): 37–48. http://dx.doi.org/10.25041/iplr.v2i1.2224.
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In the process of granting credit, it often happens that the creditor loses when the debtor defaults so that legal rules are required in the implementation of the imposition of the mortgage as stated in a credit agreement, which aims to provide legal certainty and protection for the parties concerned. So, it raises a lawsuit for the cancellation of the auction. Based on these problems, this research aims to answer problems regarding the auction implementation of mortgage rights against debtors who are negligent by the Bank, limits on the determination of the auction limit value for the object of guarantee rights of security rights, and legal protection for bank customers for auction that does not match the value of a collateral object. This study uses an empirical juridical method by conducting literature studies and interviews with informants. The research and discussion results found that: First, the implementation of the mortgage right execution auction can be used as an alternative when bad credit occurs as a result of the customer (the debtor) in default to his creditor. The Bank, as the creditor, has the right to collect receivables from the sale of the object of the mortgage, which is guaranteed by an auction mechanism following the provisions of Law Number 4 of 1996 concerning Mortgage Rights for Land and Other Objects Related to Land. Mortgage rights in the credit agreement have a function to provide a sense of security for creditors in case of default by the debtor through the mortgage’s execution. Second, the limit value’s determination must be determined based on an appraiser’s assessment. So that if the determination of the limit value is so low, it can be used as one of the reasons for the auction’s cancellation. This is based on the provisions of Article 43 and Article 44 of the Regulation of the Minister of Finance of the Republic of Indonesia Number 27/PMK.06/2016 concerning Instructions for Conducting Auctions. Third, as a guarantee of legal protection for customers, if there is a loss due to implementing an auction that is not based on applicable legislation.
Dissertations / Theses on the topic "Debtor and creditor – Law and legislation"
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MOTA, PINTO Alexandre Cardoso. "The Europeanization of legal capital : searching for new ways of protecting creditors in limited liability companies." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/13174.
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Pond, Keith. "Investigating personal insolvency : a progression of studies into individual voluntary arrangements." Thesis, Loughborough University, 2007. https://dspace.lboro.ac.uk/2134/3039.
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This doctoral submission represents over ten years of focused research that has resulted in a unique collection of academic and professional articles. The epithet "unique" is adopted to reflect that over those years this area of study has been relatively untouched by other academic researchers. This submission presents a total of eight academic and seven professional journal publications that chronicle the major output of numerous research projects undertaken between 1992 and 2002. The publications adhere to a central aim - to investigate the practical use and complex interactions between stakeholders of the individual insolvency rescue vehicle the Individual Voluntary Arrangement (IVA). The research projects employed a variety of relevant methodologies to populate an emerging conceptual model of the prime factors affecting the incidence, usage and outcomes of IVA cases. The first five articles report and develop the data collected during the various projects. The articles build on each other, analysing results and comparing these with previous studies to underline reliability in the data. The final three articles draw threads from the research data and develop the conceptual model further. As a research progression this submission contains all of the necessary ingredients of a doctoral thesis. It focuses on a discrete body of knowledge, builds on a conceptual model, gathers valuable data and tests it, draws strong conclusions and, finally, establishes and contributes new theory in this area of study.
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Heinrich, Stefan. "Covenants als Alternative zum institutionellen Gläubigerschutz : eine rechtsvergleichende und ökonomische Analyse /." Berlin : Duncker & Humblot, 2009. http://d-nb.info/998458678/04.
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Kaiser, Martin. "Die europäische Privatgesellschaft und die spanische Sociedad de Responsabilidad Limitada : rechtsvergleichende Untersuchung mit Schwerpunkt im Bereich des Gläubigerschutzes /." Baden-Baden : Nomos, 2008. http://d-nb.info/987971042/04.
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Giering, Anastasia. "Risikobezogener Gläubigerschutz im Recht der GmbH : Vorschläge zur Vermögensbindung und Gesellschafterhaftung de lege ferenda /." Berlin : Duncker & Humblot, 2009. http://d-nb.info/992686946/04.
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Navickaitė, Justina. "Išieškotojo ir skolininko teisių gynimas vykdymo procese." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2006. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20061229_110814-55335.
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The execution process is very important for protection of human rights. If court decisions were not executed the very court decisions would loose their importance. Rights of a creditor and a debtor are written in the Code of Civil Procedure (CPC) and in other legal acts, but these rights should be properly explained to the parties of the execution process.
Only the prescription to present the writ of execution is determined in Lithuanian laws, but any prescription for the whole case of execution is not determined usually. It would be reasonable to determine such a period of time at least for enforcement of administrative sanctions.
A proposal to fulfil a decision is an important mean to offer to a debtor to pay the debt by himself. But according to CPC the proposal is sent not in every case. For example, it is not sent in cases of enforcement of administrative sanctions. According to the new Instruction on Execution of Judgements, there is an alternative document to the proposal. To have in mind that both these documents have the same functions and almost the same content, there is a doubt if it is reasonable to regulate the same thing in different laws.
The Supreme Administrative Court of Lithuania has decided that the Instruction on Execution of Judgements adopted in 2002 years violates other legal acts adopted by the Government. So there is a problem which Instruction should be implemented for the executive cases which were started before adopting the new Instruction... [to full text]
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Jokubauskaitė, Giedrė. "Išieškojimas iš įkeisto turto." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2008~D_20090122_141510-68145.
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Sparčiai vystantis kreditavimo santykiams, taip pat bankams bei kitoms kredito įstaigoms aktyviai plečiant įvairialypio finansavimo politiką, neišvengiamai susiduriama su efektyvių prievolių įvykdymo užtikrinimo būdų ieškojimu. Tačiau šiuo ekonominiu laikotarpiu ypatingai kreipiamas dėmesys ne tik į patikimiausius bei efektyviausius prievolių įvykdymo užtikrinimo būdus, bet ir į procedūras, taikomas išieškant iš įkeisto turto. Būtent šio darbo objektas yra išieškojimo iš įkeisto turto procesas, tokio proceso problematika. Darbe iškeliamas tikslas išanalizuoti išieškojimo iš įkeisto turto procesą, nustatyti kylančias problemas, apsunkinančias efektyvią kreditorių interesų apsaugą bei skolininkų interesų garantiją, pasiūlyti galimus sprendimo būdus. Tikslo pasiekimas įgyvendinamas šiais uždaviniais: palyginti išieškojimo iš įkeisto turto procesą su išieškojimo procesu bendra tvarka, atlikti išsamią išieškojimo iš įkeisto turto procesą reglamentuojančių teisės normų analizę, nuodugniai išstudijuoti susiformavusią teismų praktiką taikant teisės normas, reglamentuojančias išieškojimą iš įkeisto turto.
Pirmajame darbo skyriuje nustatomi išieškojimo proceso iš įkeisto turto ir išieškojimo proceso bendra tvarka esminiai skirtumai ir panašumai. Vadovaujantis nustatytais esminiais skirtumais ir panašumais, atskleidžiamas minėtų išieškojimo procesų tarpusavio ryšys. Antrajame darbo skyriuje analizuojamas išieškojimas iš įkeisto nekilnojamojo turto. Skyrius suskirstytas į du poskyrius... [toliau žr. visą tekstą]The effective kinds of security of performance of obligations are becoming more important not only in the period of rapidly developing credit intercourses, but also as banks and other credit institutions are actively expanding their miscellaneous credit policy. At this economically dramatic period not only kinds of security of performance of obligations are targeted, but also the procedures which are applied in order to recover from collateral. Thus the object of this master degree thesis is the process of the recovery from collateral, the issues of such recovery process. The aim of the final master degree thesis is to deliver an exhaustive analysis of the process from collateral, to ascertain the problems, which compound the effective security of creditor’s interests and the appropriate guarantee of debtor’s interests, also propose possible solutions of determined problems. The above goals are achieved through the comparison of recovery process from collateral and recovery process in general, the analysis of rules of law, regulating the recovery from collateral, the exhaustive analysis of application of aforementioned rules of law in practice. The first section of the thesis discusses the essential differences and similarities of the recovery process from collateral and recovery process in general. By discussing it the intercourse of these processes is determined. The second section gives an analysis of the recovery process from the mortgaged assets. The section is divided... [to full text]
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Castillo, Freyre Mario. "On obligations and their classification." THĒMIS-Revista de Derecho, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/108646.
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It’s impossible to conceive the human being without the Law of Obligations. This branch ofCivil Law allows persons to satisfy their needs,reason why it’s important to study it carefully.In this article, the author presents us an introductory study of what obligations are, as well as their diverse classification. Without a doubt, this is a mandatory reading for all lawyers and Law students.Es imposible concebir al ser humano sin el Derecho de las Obligaciones. Esta rama del Derecho Civil permite que las personas puedanver satisfechas sus necesidades, por lo que es importante estudiarla con cuidado.En el presente artículo, el autor nos presenta un estudio introductorio sobre qué son las obligaciones, así como su variada clasificación. Sin duda un material de lectura obligatoria paratodos los abogados y estudiantes de Derecho.
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Bressler, Steffen. "Schuldknechtschaft und Schuldturm : zur Personalexekution im sächsischen Recht des 13.-16. Jahrhunderts /." Berlin : Duncker & Humblot, 2004. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=010703580&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
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Riggert, Lars. "Die Rechtsverfolgung der Gläubiger dinglicher Kreditsicherheiten in der Unternehmensinsolvenz des Schulderner : am Beispiel des Sicherungseigentums, des Pfandrechts, des Eigentumsvorbehalts under der Sicherungsgrundschuld /." Hamburg : Kovac, 2006. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=014732626&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
Full textBooks on the topic "Debtor and creditor – Law and legislation"
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B, Hagedorn Richard, and Smith Frank W. 1933-, eds. Debtor-creditor law manual. Boston: Warren, Gorham & Lamont, 1985.
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1949-, Cunningham James J., ed. Debtor in possession financing: What debtors and lenders need to know. New York, N.Y. (810 7th Ave., New York 10019): Practising Law Institute, 1992.
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Williams, Rosemary E. Farm bankruptcies: Representing the debtor, the creditor, the trustee. Wilmette, Ill: Callaghan, 1987.
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Dang dai Zhongguo zhai quan li fa wen ti yan jiu: Studies on creditor's rights legislation in up-to-date China. Beijing Shi: Beijing da xue chu ban she, 2009.
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Kercher, Bruce. Consumer debt recovery law. 2nd ed. Sydney: Federation Press, 2002.
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Gjidara, Sophie. L' endettement et le droit privé. Paris: L.G.D.J., 1999.
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Spagnuoli, Giampaolo. Il recupero del credito: Questioni processuali. Milano: Giuffrè, 2007.
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Merz, Sandro. Manuale pratico del recupero crediti. 3rd ed. Padova: CEDAM, 2005.
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Fadda, Rossella. La tutela preventiva dei diritti di credito. Napoli: Jovene editore, 2012.
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M, Saxowsky David, ed. Economic impact of North Dakota laws that permit delayed or partial repayment of agricultural debt, July 1, 1986. Fargo, N.D: Dept. of Agricultural Economics, Agricultural Experiment Station, North Dakota State University, 1987.
Find full textBook chapters on the topic "Debtor and creditor – Law and legislation"
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Guerrieri, Angela. "Creditor and Debtor." In Dictionary of Statuses within EU Law, 107–12. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-00554-2_14.
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Ďurica, Milan. "Je spravodlivo upravené vyvažovanie záujmov v konkurze?" In Pocta prof. Josefu Bejčkovi k 70. narozeninám, 625–39. Brno: Masaryk University Press, 2022. http://dx.doi.org/10.5817/cz.muni.p280-0094-2022-28.
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The article deals with changes in Slovak insolvency law which relate to the enforceability of legal acts in a small bankruptcy and in a bankruptcy for the debt of a natural person. The author analyzes in particular the effects of the transfer of active legitimacy of the filing of the action for avoidance of the legal act (Actio Pauliana) from the bankruptcy trustee to the creditor and the possibility of the creditor to oppose even in the case of an unenforceable claim. The article also deals with other changes that should be eligible to enable the creditor to satisfy a claim from the property of a third party acquired on the basis of an unenforceable legal act. In addition to interpretative guidelines for problematic legislation, it also offers an overall assessment of the effectiveness of these changes.
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Duggan, Anthony, Azim Remani, and Dennis Kao. "Middle Income Access to Justice: Policy Options with Respect to Consumer and Debtor/Creditor Law." In Middle Income Access to Justice, 485–520. Toronto: University of Toronto Press, 2012. http://dx.doi.org/10.3138/9781442660601-018.
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"Latvia." In Rescue of Business in Europe. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198826521.003.0032.
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According to the paragraph 62 part 3 of Latvian Insolvency Law the debtor (legal person) is obliged to file for insolvency proceedings (liquidation) if the debtor is not able to service its debts and it is not possible to file for legal protection procedure (court approved reorganisation) or to reach out of court settlement with creditors. According to Latvian legislation the management of the debtor is criminally liable for hesitation to file insolvency petition and according to the mentioned provisions of Insolvency Law management of a debtor may avoid criminal liability if they try to reach out of court restructuring.
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Lee, Daniel. "The Right of Sovereignty." In The Right of Sovereignty, 66–113. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198755531.003.0003.
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Bodin’s most important theoretical achievement was to conceptualize sovereignty as an indivisible and portable bundle of legal rights, which he collectively designated ius summi imperii. Sovereignty, on this account, was modelled on the creditor’s in personam right arising from a debt obligation in civil law. Just as a creditor has a right to an actionable remedy enforcing the debtor’s performance of contractual obligations, so too does a sovereign state have a legal right to enforce acts of allegiance owed by its subjects and, in the case of treaty obligations, acts of fidelity owed by foreign obligors. Applying a doctrine of medieval legal science, Bodin traced the source of that sovereign right to the law of nations [ius gentium]. While sovereigns may be exempt from their own legislation [legibus soluti], they always remain legally bound to observe the ius gentium and exercise sovereign rights in accordance with its principles.
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Kashyap, Amit Kumar, Urvashi Jaswani, Anchit Bhandari, and Yashowardhan S. N. V. Dixit. "An Introduction to Corporate Insolvency Law and Reforms in Australia." In Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy, 107–31. IGI Global, 2019. http://dx.doi.org/10.4018/978-1-5225-5541-4.ch006.
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The Corporations Act of 2001 regulated the probable insolvency proceedings of all companies incorporated in Australia and companies incorporated or possessing separate legal. For personal insolvency, a specific legislation called Bankruptcy Act is there, but the basic framework of corporate insolvency law has been there since the inception of Corporations Act 2001 enactment, which includes all the aspects of company formation, management, governance, and dissolution. The authors have highlighted recent reforms; however, the main concentration of this chapter is on the legal infrastructure of corporate insolvency law at present as the reforms are not yet in force. The chapter also puts forth the problems faced by corporate debtor and creditors in the proceedings of insolvency resolution and has also expressed the scenario of cross-border insolvency in Australia in light of UNICTRAL Model law of cross-border insolvency which has been adopted by the Australian government in 2008.
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Gerard, McMeel. "Part II Defining and Assessing the Scope of the Crowdfunding Regulation, 4 Crowdfunding and UK Law." In The EU Crowdfunding Regulation. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780192856395.003.0004.
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This chapter discusses the impact of Brexit on the development and application of the Crowdfunding Regulation, summarising the main features of the UK legal framework applicable to crowdfunding. It also assesses the enduring relevance of that framework, in the wake of the Withdrawal Agreement. Overall the regime for crowdfunding in the UK is intended to facilitate business of this type, while ensuring that the usual protections for investors and debtors in orthodox financial services apply equally to functionally equivalent crowdfunded activities. The UK regime owes debts to earlier EU legislation, principally MiFID II for investment-based activity, and the Consumer Credit Directive for debt-based activity. However, given the UK’s withdrawal from the EU, it represents a distinct regime unaffected by the Crowdfunding Regulation.
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Kötz, Hein. "Assignment." In European Contract Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198800040.003.0018.
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This chapter examines the law governing the transfer of contract rights that allows the new creditor to take the place of the old and enforce the right against the debtor in the same way. Legal systems differ as to when and how the debtor is to be apprised of the transfer of contract rights. One issue is whether informing the debtor not only makes sense from the assignee’s point of view, but is actually required. The chapter first provides a historical overview of assignment and considers its economic importance before discussing the requirements of an effective assignment, focusing on substantive validity, non-assignable rights, and how courts deal with disputes over priorities of claims. It also tackles the question of what obligations may arise between assignor and assignee when the agreement effects a change of creditor. Finally, it reviews the rules to prevent the debtor being prejudiced by a change of creditor.
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O’Dea, Geoff, Julian Long, and Alexandra Smyth. "Creditor Schemes in Practice." In Schemes of Arrangement: Law and Practice. Oxford University Press, 2012. http://dx.doi.org/10.1093/oso/9780199665921.003.0008.
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In order for the court to have jurisdiction to sanction a scheme the ‘company’ or debtor must have agreed—by the necessary resolutions being approved by the requisite majorities at the scheme meeting(s)—a ‘compromise’ or ‘arrangement’ with its ‘creditors’. Every person who has a quantifiable pecuniary claim against the company, whether actual, contingent, unliquidated or prospective, is a creditor within the meaning of the Companies Act 2006—Re Midland Coal, Coke and Iron Co.
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Rodrigo, Olivares-Caminal, Guynn Randall D, Kornberg Alan W, Paterson Sarah, and Singh Dalvinder. "Part III Sovereign Debt Restructuring, 10 An Introduction to Sovereign Debt Restructuring." In Debt Restructuring. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780192848109.003.0010.
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Chapter 10 provides an overarching introduction to the topic of sovereign debt, presenting the main finance options, the players, the available restructuring options and tools, and the peculiar dynamics of these types of restructuring due to the lack of a cross-border international framework. Moreover, the sovereign nature of the debtor poses an even bigger challenge, altering the whole dynamics of the system since the debtor cannot be ‘forced’ to pay due to the absence of other mechanisms available in the corporate context (ie the appointment of and administrator or the liquidation of the debtor) and the creditor must settle or litigate, which poses even greater challenges.
Conference papers on the topic "Debtor and creditor – Law and legislation"
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Namiq, Asos. "Base estoppel and its impact on modifying the binding force of the contract." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp213-221.
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The contract is the Sharia of the Contracting Party as a rule that does not govern the contract only upon formation, but also upon execution, since the terms of the contract are transformed, after its formation, into a law that imposes itself, and its sanctity cannot be violated. That is, when the contract is valid and enforceable, it must be executed according to what it contains and in accordance with good faith and trust between people, and this is called the principle of binding force of the contract. Whenever the contract is binding on both parties, one of the parties cannot be the only one to rescind or amend it. The mandatory limits of the contract are not limited to what the contracting parties have agreed only, but include all of its requirements in accordance with legislative and customary rules, and what justice requires, and what is imposed by the nature of the full-time obligation of the contract. When executing the contract, the extent of the debtor’s commitment to the contract is measured in the manner in which it is implemented, and his agreement with the requirements of the contract, that is, the closer the method of implementation is with the requirements of the contract, the debtor is considered on the right path in fulfillment, and the more the method of implementation is far from the requirements of the contract, the debtor is considered in breach of his contractual obligations. Since the debtor may deviate from the prescribed path in some cases due to the difficulty of implementing the obligation on the one hand, and the difficulty of harmonizing the circumstances and methods of implementation on the other hand, the law allowed the creditor to object to the debtor’s behavior whenever he saw it as different from the contract based on the binding force of the contract. But this right granted to the creditor is not an absolute right. Rather, it is restricted by his act or statement that revealed to the debtor the safety of his conduct in the implementation of the contract, meaning that despite the recognition of the right to object to the creditor, the creditor may be suspended by what was previously issued by him, i.e. closed The door of objection to it, and this is called the rule of judgment closure that we have chosen as the subject of our study. We deal with it by research and study to show the limits of this rule, and its impact on modifying the binding force of the contract, whether by making mandatory certain clauses in the contract or even creating new clauses, or by stripping a contractual obligation of its binding force.
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Opykhtina, Elena. "DEVELOPMENT OF JUDICIAL PRACTICE ON ISSUES OF ENSURING THE BALANCE OF THE RIGHTS OF THE CREDITOR AND THE DEBTOR." In MODERN PROBLEMS AND PROSPECTS OF DEVELOPMENT PRIVATE LAW AND PUBLIC LAW REGULATION. Baskir State University, 2022. http://dx.doi.org/10.33184/spprchppr-2022-04-22.44.
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Noneva-Zlatkova, Yordanka. "PROTECTION OF CREDITORS’ RIGHTS IN THE CONTEXT OF AN EVOLVING INVESTMENT ENVIRONMENT UNDER EU LAW." In 4th International Scientific Conference – EMAN 2020 – Economics and Management: How to Cope With Disrupted Times. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2020. http://dx.doi.org/10.31410/eman.2020.179.
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In the post-global economic and financial crisis, Europe is suffering from significantly low levels of investment. This applies both to national level in the individual Member States and to those with a supranational scope. For this reason, the EC tried to stimulate the development of any investment initiative through the Juncker Plan, which is based on three pillars: the European Fund for Strategic Investments, the European Investment Advisory Center and the European Investment Projects Portal, and third, improving the business environment by removing regulatory barriers to investment at national and European level. Policies in this direction will continue and build on over the period 2021-2027 through the InvestEU program, which aims to continue to support increased investment, innovation and job creation in Europe. The process of implementation of each such initiative directly affects the individual legal and natural persons as investors who enter different bond relations, which have both national and international dimension. The development of new investment products and instruments would be unthinkable without the Bank’s involvement as a major creditor in the implementation of investment projects. This fact shows that it is necessary to examine the legal guarantees for the protection of creditors in these relationships in case of possible threat the debtor to damage the creditor in case of unfavourable development of the respective investment initiative. This paper will justify the significance and the peculiarities of Paul’s claim as a means of protecting creditors in the context of a developing EU investment environment and its legal framework. This method of preventing the decline of the asset and / or the increase of the liability of the debtor’s property is characterized by extreme persistence over time as a legal institution that originated in the Roman era and has survived to the present without losing its significance.
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Kozar, Vladimir, and Nemanja Aleksić. "ZABRANA IZVRŠENjA I NAMIRENjA KAO PROCESNOPRAVNA POSLEDICA OTVARANjA STEČAJNOG POSTUPKA." In 14 Majsko savetovanje. University of Kragujevac, Faculty of Law, 2018. http://dx.doi.org/10.46793/xivmajsko.919k.
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The Law on Amendments to the Law on Bankruptcy, which entered into force on December 25, 2017, has significantly changed the conditions for determining the security measures in the previous bankruptcy proceedings. Also, the provisions on legal prohibition of enforcement and settlement as a legal consequence of the opening of the bankruptcy proceedings were amended, and new rules on the abolition of the moratorium at the request of the secured and lien creditors were laid down. Special attention was paid to the novelty legal provisions on moratorium, introducing a ban on creditors to exercise their rights in the enforcement proceedings, as a procedure for individual enforcement, and in the light of the forthcoming possibility of opening of bankruptcy proceedings as a procedure of the general enforcement The most important novelty is the time-limited abolition of the moratorium for a period of nine months starting from the date of publication of the announcement on the abolition of the measure of security or the prohibition of enforcement (Article 93a paragraph 2), after which the measure of enforcement and settlement in relation to that property is re-established, in accordance with Article 93g which regulates the consequences of the failure to cash out the property by a secured, ie lien creditor within the prescribed deadline, because the basic legal text did not prescribe a time limit for the abolition of the moratorium. In this way, it was possible for the secured creditor, and from the 2017 amendment also the lien creditor, to enforce their claim through the enforcement procedure, as a procedure of individual enforcement, by individual settlement, or out-of-court settlement procedure in accordance with Art. 29 - 38 of the Mortgage Act, with the same features, if two cumulative conditions are met: 1. that the value of the property in question is lower than the amount of secured claim; and 2. that the property in question is not crucial for the reorganization or sale of the bankruptcy debtor as legal entity. In the event that the secured or lien creditor fails to redeem the assets that are the subject of the decision on termination of the measure of prohibition of enforcement and settlement referred to in Art. 93a or 93b, within nine months of the validity of the decision, the bankruptcy judge ex officio issues a decision stating that the measure of prohibition of enforcement and settlement in relation to that property has been re-established. The legal prohibition of enforcement and settlement also applies to the exercise of the rights of secured and lien creditors. However, the effect of this prohibition on secured creditors was characterized as one of the key irregularities of the existing bankruptcy framework, that is, the position of the secured creditors before the 2017 novelty.
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Bartulović, Željko, and Dejan Bodul. "POLOŽAJ RAZLUČNIH VJEROVNIKA U POSTUPKU STEČAJA POTROŠAČA." In 14 Majsko savetovanje. University of Kragujevac, Faculty of Law, 2018. http://dx.doi.org/10.46793/xivmajsko.835b.
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Croatia has a long legal tradition of bankruptcy proceedings over the assets of natural persons. Hence, from a historical perspective, such institute is not terra incognita in Croatian legislation. Nevertheless, only at 1 January 2016, in the legal order of the Republic of Croatia, along with the "classic" bankruptcy proceedings (pre-litigation procedure, liquidation bankruptcy proceedings, bankruptcy, personal bankruptcy, international bankruptcy, bankruptcy proceedings of the debtor's debtor, automatic bankruptcy, shortened bankruptcy proceedings a bankruptcy procedure of small value) the legislator implemented consumer bankruptcy proceedings. Rules on consumer bankruptcy proceedings are governed by the provisions of the Consumer Bankruptcy Act, whose general provisions point out on the lex generali provisions of the Bankruptcy Act and therefore the rules on secured creditors (separatistae ex jure crediti). The aim of the paper is to present and analyse the position of secured creditors, as privileged creditors, in the process of consumer bankruptcy. The complexity of the subject and the set tasks required a choice of methods, so authors used methodological approach, which included a historical methodological approach, a study of domestic and foreign literature, appropriate legal regulations, and analysis of jurisprudence. The paper will also analyse the practice of the European Court of Human Rights in the proceedings in accordance with Art. 8. Of the European Convention for the Protection of Human Rights and Fundamental Freedoms (Right to respect for private and family life), as we believe that this can be important for understanding the issues of work. For comparison and possible de lege ferenda suggestions for the Serbian legislator, the analysis of Croatian solutions regarding the position of the secured creditor in the process of consumer bankruptcy is important as it indicates whether the potential implementation and application of such model will achieve its purpose and give the expected results.
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Bodul, Dejan, and Ivo Matić. "POSTUPAK IZVANREDNE UPRAVE: INSOLVENCIJSKI MODEL KAO „TALAC“ KRIZE." In XV Majsko savetovanje: Sloboda pružanja usluga i pravna sigurnost. University of Kragujevac, Faculty of Law, 2019. http://dx.doi.org/10.46793/xvmajsko.477b.
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The global crisis in recent years has resulted in an inconsistent economic policy of EU member states that ranged from the policy of proclaimed liberalism to the policy of ad hoc interventionism. It is the result of a mismatch between the capacity of the nation state and its existing obligations towards its citizens. Doctrinal analyses state that, therefore, states are trying to fulfil their expected function by implementing insolvency regulations aimed at rescuing infrastructure "losers" from liquidation bankruptcy while retaining those entities that are the backbone of national development policy. In this regard, this paper intends to analyse the model of Extraordinary Management Procedure defined by the Law on the Executive Administration Procedure in Companies of Systemic Importance for the Republic of Croatia. Due to the controversy that exists on the doctrinal plan related to the implementation as well as the application of the aforementioned regulations, a lot of questions have been opened, and there is no clear answer. However, it seems useful to try to detect some problems of positive regulation and offer possible solutions to the protection of creditors and debtors during the following systemic crises. For comparison and possible suggestions de lege ferenda for the Serbian legislator, these experiences are potentially important because a reform of the regulations (and even insolvency regulation) is underway, primarily by the process of harmonization of Serbian regulations with EU regulations. The complexity of the subject of research and the set tasks were conditioned by the choice of methods, so the methodology used in the research included the study of domestic and foreign literature, relevant legislation, as well as the analysis of domestic and foreign court practices. We certainly consider it important to point out that the space that we have here does not allow us for a detailed breakdown of this issue, so we are forced to limit ourselves, in the author's opinion, to some aspects of the new bankruptcy regulations.
Reports on the topic "Debtor and creditor – Law and legislation"
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Latin America and the Caribbean Standardized Public Debt Database: Data as of June 2022. Inter-American Development Bank, January 2023. http://dx.doi.org/10.18235/0004718.
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This database compiles up-to-date standardized statistics on sovereign debt issuances for the LAC region and contains biannual data starting in 2006 through to June 2022. Sovereign Debt Data is classified by legislation, creditor, currency, and maturity amongst others for 26 countries. The availability of valid, comparable, and standardized public debt data is essential for the implementation of sound policies in Latin America and the Caribbean (LAC). This is why at the core of the LAC Debt Group initiative is the development of a standardized sovereign debt database to help debt managers, policymakers, and other actors of financial markets analyze the evolution and composition of public debt in LAC and conduct cross-country comparisons. The information of this database is provided by the public debt offices of LAC countries in response to a questionnaire specifically designed to allow comparability of data. The questionnaire, whose response is non-compulsory, is intended to compile up-to-date standardized statistics for objective and homogeneous definitions of public debt.