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Journal articles on the topic 'Obligations and risks'
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1
Zivotofsky, Ari Z., and Alan B. Jotkowitz. "Fetal Risks and Religious Obligations." American Journal of Bioethics 16, no. 2 (February 2016): 28–30. http://dx.doi.org/10.1080/15265161.2015.1120808.
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Obolenskiy, V. "Russia in WTO: Obligations, Opportunities, Risks." World Economy and International Relations, no. 6 (2012): 59–69. http://dx.doi.org/10.20542/0131-2227-2012-6-59-69.
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Negotiations on Russia's membership in WTO lasted for 17 years. In this article the results of these negotiations, possible advantages and risks connected with WTO-membership are analyzed, following official proceedings and Russian press accounts.
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Velykanova, Maryna. "MINIMIZATION OF RISKS IN CONTRACTUAL OBLIGATIONS." New Ukrainian Law, no. 1 (2021): 5–13. http://dx.doi.org/10.51989/nul.2021.1.1.
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Bradshaw, Craig. "Briefing: Renewables obligations certificates – understanding risks." Proceedings of the Institution of Civil Engineers - Energy 166, no. 1 (February 2013): 5–6. http://dx.doi.org/10.1680/ener.11.00031.
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de Paor, Aisling. "Genetic Risks and Doctors’ Disclosure Obligations — Revisiting the Duty of Confidentiality." European Journal of Health Law 25, no. 4 (July 27, 2018): 365–88. http://dx.doi.org/10.1163/15718093-12252373.
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Abstract With developments in the field of genetics, new technologies such as genetic testing are fast emerging. Although offering unparalleled opportunities, these developments raise many ethical, legal and other issues. One challenge relates to the duty of confidentiality and disclosure obligations on doctors. Considering the familial nature of genetic information, doctors will increasingly have access to predictive health information, about individuals and individuals’ relatives. This article examines whether disclosure obligations on doctors should be expanded to encompass an obligation to disclose genetic risk to family members, and whether the exceptions to the duty of confidentiality should recognise genetic risk as potential harm. With recognition of the competing rights, the article considers the implications of recent case law in the United Kingdom, indicating a willingness to extend the duty of disclosure. This article argues that there is a case to be made for expanding disclosure obligations on doctors in certain circumstances.
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Na, Min Oh. "A study on the improvement Strategies for the Obligations and Roles of Workers in Preventing Industrial Accidents." Forum of Public Safety and Culture 25 (November 30, 2023): 249–59. http://dx.doi.org/10.52902/kjsc.2023.25.249.
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Workers play an important role in recognizing and preventing risks at work sites. However, the current Occupational Safety and Health Act does not provide rights and obligations commensurate with the worker's role as an industrial accident prevention agent. The study analyzed the regulations on workers' industrial accident prevention roles and obligations in major countries and presented the following implications to improve workers' duties and roles as subjects of industrial accident prevention.
First, the obligations of workers are specified: ① the duty to pay attention to the safety and health of others affected by their work performance (duty of care), ② the duty to work in accordance with training and instructions on safe work provided by the employer (obligation to comply), ③ reflects the obligation to report immediately upon discovery of an imminent risk of industrial accident (reporting obligation), ④ obligation to cooperate to identify the risks of the workplace and to select appropriate measures(duty of cooperation). Second, by limiting the scope of workers' obligations, it prevents comprehensive obligations from being imposed or the employer's obligations from being passed on to the employees. Third, there should be punishment provisions for workers' violation of their obligations, but punishment should be given for intentional and obvious violations, and the worker's violation of the law should not be interpreted as a reason to defend the employer's violation of the law. Fourth, judicial liability, such as disciplinary action and compensation for damages resulting from a violation of an employee's obligations, is limited to an appropriate scope considering the characteristics of the employment contract. Fifth, give workers the right to improve safety and health (right to participate, right to suggest, right to request improvement, right to report, etc.) and promote active activities.
I‘m expecting that by using the research results, future workers' participation in workplace safety and health improvement and industrial accident prevention activities will be promoted, and self-discipline based on the responsibility of industrial accident prevention subjects will be quickly established.
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Merkushina, S. I. "Entrepreneurial Risks in Criminal Law." Russian Journal of Legal Studies 4, no. 4 (December 15, 2017): 38–44. http://dx.doi.org/10.17816/rjls18268.
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The article deals with the notion of «ordinary entrepreneurial risk», the possibility of using it as a criterion for distinguishing civil liability for non-fulfillment of obligations and criminal liability for criminal acts involving non-fulfillment of contractual obligations, the possibility of applying this concept in the sphere of the right regulation of social relations arising in connection with the commission of crimes, the ratio of ordinary business risk and reasonable risk (art. 41 of the Criminal Code of the RF).
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Rep'ev, Artem. "Honorary rights and obligations: doctrine, practice, technology." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2021, no. 1 (April 9, 2021): 26–36. http://dx.doi.org/10.35750/2071-8284-2021-1-26-36.
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The article is devoted to general theory analysis of legal categories «honorary rights» and « honorary obligations». The author puts forward and gives arguments to the hypothesis about the existence of a specific group of legal permissions and obligations which differ from other kinds of rights and legal obligations due to their peculiarities. Significant and informative consideration of «honorary rights» and «honorary obligations» both from the point of doctrine of law and historical and modern legislature as well as law enforcement practice was done. The purpose. To make up in the legal doctrine for the absence of complete idea of honorary rights and obligations as elements of the legal position of separate subjects having special legal status; reveal their characteristic features and define the risks conditioned to be abused. Methodology. Historical way of cognition, philological approach, empirical methods of comparison, descriptions, interpretations, theoretical methods of formal and dialectic logic; private-scientific methods, formal legal method, legal norms interpretation method. Results. Analysis of doctrinal sources of the Russian and International Law, jurisprudence historical landmarks, current normative legal acts, and law enforcement practice showed that honorary rights and obligations are of encouraging and stimulating nature, have an accessory character in relation to the basic opportunities and obligations of the subjects. On the basis of the establishing the elements of similarity and differentiation of honorary right with subjective right of the subject, honorary obligation with legal obligation on the whole, the aspects of their interactions and existing contradictions, an independent categorical and institutional character of honorary rights and obligations is proved, its specific qualities which differentiate
it from adjacent legal phenomena are specified. Conclusion. It is necessary to strictly differentiate the understanding and realization of honorary rights and obligations in the system of legislature and law enforcement practice by means of unification and concretization of law provisions using encouraging and stimulating instrumentation, justified and minimum usage of assessment notions and components (prominent merits, prestige, authority, etc.) that serve as the basis for receiving honorary rights and obligations, improving the legal status of subjects with regard to other participants of relation. The steps taken should contribute not only to the increasing the efficiency
of regulation of public relations through the system of legal encouragements, stimuli and advantages but decreasing discrimination and corruption risks, the opportunity of subjective discretion associated with granting similar additional opportunities.
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Stasiak, Jacek. "POLISH FINANCIAL MARKET IN 2016-2020 AND ITS RISKS." Globalization, the State and the Individual 30, no. 2 (December 30, 2022): 73–86. http://dx.doi.org/10.5604/01.3001.0016.2001.
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Proper functioning of the financial market possible through the provision of information on the situation of issuers, so it was pointed out how important are the information obligations arising from the specifics of the market to ensure equal access of investors to relevant information. Therefore, it was presented what should be the mode of providing information and defined information and the time of its disclosure. An important part of the Act are the provisions that impose obligations on investors, for example, in the form of disclosure of information on the state of shareholding, in addition, calls and other rights and obligations of shareholders of a public company are regulated.
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Bitca, Ion, and Sergiu Bivol. "Personal warranties given by the consumer." Vector European, no. 1 (April 2024): 5–9. http://dx.doi.org/10.52507/2345-1106.2024-1.01.
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The personal guarantees granted by the consumer, being consumption reports, contain provisions for the protection of the legal situation of the consumer, establishing rules of exception from the legal regime of common law in the matter of personal guarantees. Thus, in considering the guarantor's consumer quality, the legislator establishes a series of obligations for the professional creditor, intended to strengthen the consent of the guarantor consumer to assume the guarantee. Among these obligations we identify the obligation of the professional creditor to ensure that the consumer guarantor assumes the guarantee in full knowledge of the case; if it is proved that the professional knew that the guarantor had a relationship of trust between the debtor and the guarantor and did not request from the guarantor proof of receiving an independent consultation regarding the risks involved in assuming the guarantee, the respective contract may be revoked or canceled as the case may be. During the course of the contract, the professional creditor is obliged to inform the consumer guarantor annually about the amounts guaranteed from the main obligation, the interest or other ancillary obligations - art. 1665, para. 1, C. civil. In case of non-execution of the obligation by the debtor, the consumer guarantor will be obliged to pay the obligation in the amount existing at the time of assuming the guarantee.
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Габов, Андрей, and Andrey Gabov. "Procedure for Exercising of Creditors’ Rights under Reorganization." Journal of Russian Law 4, no. 5 (May 4, 2016): 0. http://dx.doi.org/10.12737/19090.
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Reorganization of a legal entity entails significant risks for different stakeholders. These risks lie in the fact that as a result of reorganization of a legal entity, the structure of its assets and liabilities may cease to exist, or can significantly change. First of all, these risks affect creditors’ interests. Because of such risks the law provides special rights to creditors during reorganization of a legal entity – the debtor in respect of the obligation. Article 60 of the Civil Code of the Russian Federation grants creditors the right to demand early performance of obligations, should a legal entity – the debtor adopt the decision on its reorganization, and if early performance is not possible, to require the termination of obligations and compensation for losses. The article analyzes the procedure for exercising of creditors’ special rights during reorganization of a legal entity. The author analyzes the original text of the Civil Code and subsequent amendments. Relevance of the article is determined by the changes in the procedure for exercising of the rights of reorganized legal persons’ creditors, which were introduced to article 60 of the Civil Code in 2014. The author concludes that the legislator has failed to find a proper (optimal) balance of interests in the current regulation of the relations between creditors and reorganized legal entities — debtors.
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TOKAREVA, E. N. "TAX IMPLICATIONS OF CONTRACTUAL OBLIGATIONS." EKONOMIKA I UPRAVLENIE: PROBLEMY, RESHENIYA 2, no. 9 (2020): 66–70. http://dx.doi.org/10.36871/ek.up.p.r.2020.09.02.013.
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The article covers the issues of tax consequences of civil law transactions in the light of the application of Article 54.1 of the Tax Code of the Russian Federation. The difference between the concepts of transaction and financial and economic transaction is considered. Recommendations are given on the taxpayer's work at the stage of the draft contract and its execution, on the formation of an evidence base for passing tax control measures at the proper level with minimal risks of additional charges, fines and penalties.
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Tonn, Bruce E. "Obligations to future generations and acceptable risks of human extinction." Futures 41, no. 7 (September 2009): 427–35. http://dx.doi.org/10.1016/j.futures.2009.01.009.
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Scharding, Tobey. "Structured Finance and the Social Contract: How Tranching Challenges Contractualist Approaches to Financial Risk." Business Ethics Quarterly 29, no. 1 (October 9, 2018): 1–24. http://dx.doi.org/10.1017/beq.2018.18.
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ABSTRACT:Many ethicists argue that contract theory offers the most promising strategy for regulating risks. I challenge the adequacy of the contractualist approach for evaluating the complicated, novel risks associated with some structured financial products, particularly focusing on risks to third parties. Structured financial products like collateralized debt obligations (CDOs) divide a pool of financial assets into risk “tranches” organized from least to most risky. Investors purchase various tranches based on their individual risk-and-return preferences. Whereas contract theory holds that investment risks are ethically permitted (roughly) when everyone—including both parties directly involved in the investments and third parties—consents to them, structured financial products like CDOs show that even risks to which everyone consents are ethically problematic when they involve systemic risks of ruin.
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Jawad, Sahar Kamel, and Dr Ahda Bassem Al-Khafaji. "OBLIGATIONS OF REIT: A COMPARATIVE STUDY." INTERNATIONAL JOURNAL OF RESEARCH IN SOCIAL SCIENCES & HUMANITIES 12, no. 04 (2022): 210–18. http://dx.doi.org/10.37648/ijrssh.v12i04.013.
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We not individually obtain a property over a long period of time, but by investing in real estate investment traded funds, those who do not own real estate can have the right of ownership over part of a property, because the housing problem is increasingly developing in Iraq. With the increase in the population, and the bad economic conditions that do not allow people to own real estate until after a long trouble, so the real estate investment funds that made room for people, even if they do not have a large capital, aims to encourage small savers who have little money to invest in the field Real estate and therefore they can obtain a real estate unit or part of the real estate unit, because of the importance of the fund in the field of securities because of its advantages such as achieving stable returns and low risks, which provides people who do not have sufficient experience and ability to manage their money In the local, international and global markets, and that the resort to real estate investment funds by investors to protect against the risks that the markets are exposed to up and down and their impact on individuals, so securities are bought and invested in the real estate field, which has achieved great opportunities for small investors who are unable to own their own housing units In this case, they can .own even part of the fund's units
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Peters, Anne, Heike Krieger, and Leonhard Kreuzer. "Due diligence: the risky risk management tool in international law." Cambridge International Law Journal 9, no. 2 (December 1, 2020): 121–36. http://dx.doi.org/10.4337/cilj.2020.02.01.
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As a standard bridging law and other spheres of normativity, due diligence is pervasive across numerous areas of international law. This paper defines the features and functions of due diligence, illustrating how the concept's development reflects structural changes in the international legal order. Concerning their content, due diligence obligations can be separated into two overlapping types: procedural obligations and obligations relating to States' institutional capacity. Thus, due diligence serves to manage risks, compensate for States' freedoms being circumscribed through legalisation, expand State accountability and possibly stabilise the international order through ‘proceduralisation’. However, it is argued that due diligence cannot be characterised as a general principle of international law due to its diverse content in different fields of international law and its dependence on accompanying primary rules. Finally, it is contended that due diligence introduces certain risks, particularly by diluting States' substantive obligations and contributing to the rise of ‘informal’ international law.
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Serebryakova, Tatyana, Aleksandr Suglobov, and Alla BELOGORSKAYA. "Tax risks as part of business risks of business activity." Russian Journal of Management 8, no. 2 (September 23, 2020): 51–55. http://dx.doi.org/10.29039/2409-6024-2020-8-2-51-55.
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The article considers the issues of scientific and methodological justification of tax risks as part of the economic risks of business activities, as well as factors that affect tax risks. The criteria for tax risks are summarized both at the level of business activity of an economic entity and at the level of a tax authority. The practice of applying a risk-based approach to tax control is summarized. The main directions of the organization's risk management in the sphere of determining and fulfilling tax obligations are identified. The issues of applying a risk-based approach to the planning of field tax audits for the purpose of risk management of business activities are studied. It is concluded that in order to minimize tax risks, it is necessary to use the criteria of a risk-based approach for planning tax control of organizations.
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Sugarman, Jeremy, Nancy Kass, Cynda H. Rushton, Mark T. Hughes, and Thomas D. Kirsch. "Translating Professional Obligations to Care for Patients With Ebola Virus Disease Into Practice in Nonepidemic Settings." Disaster Medicine and Public Health Preparedness 9, no. 5 (April 28, 2015): 527–30. http://dx.doi.org/10.1017/dmp.2015.61.
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AbstractDetermining how clinicians should meet their professional obligations to treat patients with Ebola virus disease in nonepidemic settings necessitates considering measures to minimize risks to clinicians, the context of care, and fairness. Minimizing risks includes providing appropriate equipment and training, implementing strategies for reducing exposure to infectious material, identifying a small number of centers to provide care, and determining which risky procedures should be used when they pose minimal likelihood of appreciable clinical benefit. Factors associated with the clinical environment, such as the local prevalence of the disease, the nature of the setting, and the availability of effective treatment, are also relevant to obligations to treat. Fairness demands that the best possible medical care be provided for health care professionals who become infected and that the rights and interests of relevant stakeholders be addressed through policy-making processes. Going forward it will be essential to learn from current approaches and to modify them based on data. (Disaster Med Public Health Preparedness. 2015;9:527–530)
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Kaufman, Jean-Pierre, and Eugene W. Straus. "Endoscopic Procedures in the AIDS Patient: Risks, Precautions, Indications, and Obligations." Gastroenterology Clinics of North America 17, no. 3 (September 1988): 495–506. http://dx.doi.org/10.1016/s0889-8553(21)00380-0.
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ANTONOVA, Natalia A., and Elena N. LUNYOVA. "Criteria of Risk Distribution in Contractual Obligations." Journal of Advanced Research in Law and Economics 9, no. 3(33) (June 30, 2018): 855. http://dx.doi.org/10.14505/jarle.v9.3(33).07.
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One of the topical issues of civil law is risk distribution in contractual obligation, as in the process of execution of a contract there may arise the circumstances that – against the parties’ will – cause violation of the obligation and make execution of the contract impossible or very difficult. Thus, there’s a necessity for common criteria of distribution of contractual risks that allow preventing the appearance of unfavorable consequences or compensating them with less cost. These criteria could be called criteria of economic expedience.
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Knežević, Mirjana. "Passenger transport: The challenges in the modern world." Ekonomika 67, no. 2 (2021): 23–34. http://dx.doi.org/10.5937/ekonomika2102023k.
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In this paper, the author examines the domestic and international legal framework for the contract of carriage of passengers and its presence in different transport modes and offers a response to the current challenges. The purpose of the paper is to analyze the international and domestic regulations and present the rights and obligations of contracting parties in order to facilitate its application in the emerging practice. The author recognizes passenger transport as a field full of modern challenges caused by novel, still under-researched risks to passengers' health. Special attention is paid to the contract of passenger carriage by rail. The advantages of this transport mode are examined, the obligations of railway carriers and passengers are presented, while the obligation of the railway carrier to accept transporting any interested person if they have vacancies is underlined. The analysis focuses on the significance of the contract of passenger transport in the modern environment where risks to passengers' healthcare present. The author recognizes passenger transport by rail as a convenient and perspective branch of passenger transport for both international and domestic passenger transport. This sort of passenger transport already has the potential to respond to the challenges of preserving and strengthening the protection of passenger's rights, above all the right to safe and secure transportation.
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El'nikova, Elena Vasil'evna. "Legal Problems of Fulfillment of Conditions for Granting Subsidies (Grants) to Agricultural Producers." Сельское хозяйство, no. 3 (March 2022): 30–38. http://dx.doi.org/10.7256/2453-8809.2022.3.39423.
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The article notes that some conditions for granting grants to agricultural producers initially contain significant risks of their non-fulfillment and, as a consequence, the onset of liability in the form of the obligation to return the funds received in full. In other cases, regional regulatory legal acts expand the list of conditions for granting grants in the form of subsidies without proper justification, which creates additional problems in the process of their use by grantees. In order to ensure the most effective legal regulation of relations in connection with the provision of budgetary funds to agricultural producers, the author proposes to qualify agreements on the provision of subsidies (grants) as a civil contract, which will make it possible to apply civil liability measures, general provisions on contracts and obligations, including the grounds for termination of obligations, ways to ensure and fulfill them, as well as the norms of hereditary legislation. Qualification of the agreement on the provision of subsidies (grants) as a civil contract, it would allow for a more relevant legal regulation of relations in connection with the provision of budgetary funds to agricultural producers due to the possibility of changing the agreement in question by concluding additional agreements, applying civil liability measures, general provisions on contracts and obligations, including the grounds for termination of obligations, ways to ensure and fulfill them, and also the norms of hereditary legislation.
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ياسين, تحسين ناجي. "Warranty of Risks for the Sale of Agricultural Pesticides." Al-Kitab Journal for Human Sciences 4, no. 5 (August 26, 2023): 97–108. http://dx.doi.org/10.32441/kjhs.4.5.7.
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This study aims to shed light on the obligations of the seller of agricultural pesticides and their damages towards the other buyer (the farmer), far from defending one side but not another one, therefore, the seller has many obligations such as informing the buyer about the method of using pesticides, methods of warning them and taking the necessary precautions, and If we look at it, it carries with it many risks, and it is in contact with people's lives and has a dangerous nature. This study was taken by posing the problem that it assumed the buyer would follow everything recommended and the seller warned against, but the result was laden with many damages due to the lack of product quality and the crops were severely damaged, In addition to skin diseases and other things for farms, after that, the seller was notified whether we would be in front of compensation and the consequent penalty for his breach of these actions in front of the buyer.
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Djajić, Sanja, and Maja Stanivuković. "Changed Perspectives and Conflicting Treaty Obligations." Central European Journal of Comparative Law 2, no. 1 (May 14, 2021): 53–82. http://dx.doi.org/10.47078/2021.1.53-82.
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The authors analyse the changed landscape of the EU BIT policy following the Achmea decision and the 2020 Termination Agreement, in particular, their relevance for candidate countries such as Serbia. The perceived risks strongly suggest that some action must be taken before the accession to avoid becoming caught between conflicting obligations under EU law and the BITs, as happened to respondent countries in the cases of Micula and Magyar Farming Company. The potential for conflicts exists in the case of Serbia as well because it already has an obligation to comply with EU law in areas such as competition and state aid law, which may cause it to inadvertently breach investors’ rights under the BITs. Various options that a candidate country can pursue to adjust its bilateral investment treaties to EU law standards are considered in search of the best approach. Difficulties that may be encountered due to the premature termination of sunset clauses and the retroactive termination of arbitration clauses in pending arbitrations lead the authors to conclude that certain adjustments to the course of action adopted within the EU are called for. The proposed action in the case of Serbia consists of consensually amending the 22 Serbia-EU member state BITs following a two-step procedure so that the sunset clauses are terminated at once, whereas the remaining provisions of the BITs are designated by the contracting parties to be terminated on the date of accession. To prevent treaty shopping, these amendments need to be accompanied by comprehensive reform of Serbia’s other BITs that contain overly broad definitions of investors and investments. Some alternative approaches are also taken into consideration, such as the replacement of ISDS with other forms of dispute resolution and the replacement of the Serbia-EU member state BITs with other types of agreements. The candidate countries are advised to adjust their pre-accession commitments, both procedural and substantive, in a timely manner with the incoming EU obligations. These inevitable adjustments should be pursued cautiously by candidate countries to minimise risks and maximise their bargaining power.
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Machal-Fulks, Julie, and Christopher Barnett. "Enterprise Software Licensing: New Options - New Obligations." Texas Wesleyan Law Review 18, no. 4 (July 2012): 753–65. http://dx.doi.org/10.37419/twlr.v18.i4.5.
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Software licensing options for large enterprises are evolving almost as quickly as the mission-critical software solutions those companies deploy. In the past, most software licensing metrics were based on the software installation itself. Increasingly, software publishers are offer- ing more licensing options and flexibility to meet their customers' software needs; however, that increased flexibility often results in complex software asset management ("SAM") risks and obligations. Licensing models that once would have required custom agreements with unique protocols, if technologically feasible in the first place, now are offered alongside the "traditional" licenses in increasingly dense menus of choices for IT teams to weigh. Businesses must equip themselves to recognize the unique challenges that accompany various options in order to avoid unnecessary licensing exposure. The options available depend in large measure on the types of computers on which the software will reside. For workstations, many businesses that once relied on a one-license-per-installation model now are migrating to server-based installations accessed from terminals lacking hard drives (e.g., "thin-client" architectures) and to hosted software delivered through the cloud; each of these models presents unique infrastructure and licensing challenges. Server-based licensing options are complex, with many companies facing the prospect of having to determine license requirements using intricate calculations that depend on the processing capacity of the computer or on some other metric associated with a particular software product. Unsurprisingly, many companies are finding unique solutions to those challengesincluding the formation of "captive IT services providers"-but many of those solutions present their own sets of challenges and risks.
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Kholmirzaev, Utkirbek. "The Necessity Of Piercing Corporate Veil Doctrine In Uzbek Corporate Law." American Journal of Political Science Law and Criminology 02, no. 12 (December 27, 2020): 83–90. http://dx.doi.org/10.37547/tajpslc/volume02issue12-13.
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This article discusses the distribution of liability risks of shareholderss and other controlling persons on corporate liabilities. Given the analysis of ex post and ex ante model of control over distribution of risks of civil turnover participants in common law and continental legal traditions. Also, considered problems of shareholders' liability on obligations of corporations in the Republic of Uzbekistan. A shareholder shall be held liable on a subsidiary basis for the obligations of the legal entity in case of insolvency, as a result of the member's wrongful acts. However, some mechanisms of such liability do not allow to resolve the issue fairly.
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Chen, Keyu. "Legal Obligations and Potential Risks for Chinese Electric Guitar Enterprises from a Perspective of International Commercial Law." Frontiers in Business, Economics and Management 14, no. 1 (March 21, 2024): 341–43. http://dx.doi.org/10.54097/6q08c473.
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Kārkliņš, Jānis, and Pauls Zeņķis. "Subordinated Bonds and the Fulfilment of Their Obligations in the Event of State Aid." Journal of the University of Latvia. Law 16 (October 16, 2023): 130–47. http://dx.doi.org/10.22364/jull.16.08.
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A bond is a debt security, under which its issuer undertakes to repay to the bondholder the principal of the bond and the interest (the coupon) at a specified point in time, which is to be considered as the redemption of bonds. Bonds have several types: bonds issued by the public sector, bonds issued by capital companies, publicly available bonds, private bonds, convertible bonds, contingent convertible (CoCo) bonds, exchangeable bonds, exchange bonds, callable bonds, subordinated bonds, etc. In economic circulation, subordinated bonds are widespread securities. The subordinated obligation in the bond distinguishes the subordinated bond from other bonds. At the same time, the underlying relationship entails significant risks for the fulfilment of the obligations arising from the bond, which is outweighed by the higher profitability of such bonds. However, there are cases where the obligations arising from subordinated bonds are never met. Such cases may be based not only on the insolvency of the issuer of the subordinated bonds but also on the existence of State aid received by the issuer. In view of the recent financial difficulties of several banks, the likelihood of an issuer that has received State aid being able to meet its obligations under subordinated bonds becomes a particularly acute matter.
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Chornovol, Аlla, and Iryna Drin. "DEVELOPMENT OF A PORTFOPLIO OF FINACIAL PAYMENT OBLIGATIONS PROTECTED FROM SYSTEMATIC RISKS." BULLETIN OF CHERNIVTSI INSTITUTE OF TRADE AND ECONOMICS II, no. 90 (June 28, 2023): 117–33. http://dx.doi.org/10.34025/2310-8185-2023-2.90.09.
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Developing a model for studying banking operations related to financial risk seems to be very promising. Banks with heterogeneous fundamental funds often face a potential outflow of their creditors. The ability to affect a particular bank depends on the intermediate liquid value of its assets, whereas the latter value endogenously depends on the status of other banks in the asset market. Mathematical modeling of economic risks forms an idea of the peculiarities of modern economic risks, including financial ones. The study of various ECONOMIC-MATHEMATICAL MODELING Issue IІ (90), 2023 119 aspects of financial risk is one of the fundamental concepts of modern economic theory and management, as well as is increasingly being applied in practice in all areas of economic activity. Obviously, it is not necessary to use experience and intuition in economic activity. However, it is essential to possess the information about the causes of risk situations and to carry out qualitative and quantitative risk analysis. The purpose of the article is to develop a mathematical model of immunizing a portfolio of financial transactions and to study the immunization of a portfolio of financial payment obligations regarding the risk of changes in market interest rates. The article identifies the basic typical models of investment portfolios and studies the methods of portfolio optimization, using different types of financial instruments. Initially, it is necessary to study the net present value of payments (NVP), for which the NVP formula is introduced. Next, the main factor of change in the yield curve should be taken into account - a parallel shift by the value of h (NPV(h)) so that NPV(h)- NPV(0) is minimal, using a more complex deformation of the yield curve. To mitigate this risk, it is important to apply factor immunization, however, with a due regard to the three factors that describe almost all changes in structural interest rates. All studies are formulated in the form optimization problems. To protect a portfolio from market risk, its structure needs to be rebuilt. Therefore, the possible volatility and liquidity risks for the existing portfolio of financial liabilities have to be taken into consideration as well.
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Plasencia Soler, Juan Antonio, Anna Bajo Sanjuán, Fernando Marrero Delgado, and Miriam Nicado García. "Compliance risk management with a focus on shared values: application in a case study in Cuba." Visión de Futuro, no. 27, No 2 (Julio - Diciembre) (July 1, 2023): 25–41. http://dx.doi.org/10.36995/j.visiondefuturo.2023.27.02.001.en.
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Organizations that aspire to obtain long-term results must correctly manage compliance with laws, regulations, codes, international standards and best practices related to ethics and society's expectations. This research aims to development a procedure to manage compliance risks with a focus on organizational values. The paper includes the main stages of traditional risk analysis: analysis of the organizational context, identification of obligations, evaluation and assessment of compliance risks and their treatment through action plans. As the main novelty, the authors include a tool that allows the integration of the elements of the context, with the identified obligations, their associated risks and the ethical values shared by the organization, called CORVAL map. The results of the implementation of the procedure in the process of Production of Computer Services in an cuban entity allow to identify as main risks: illicit contractual relations, lack of knowledge of the code of conduct by the workers, affectations to the prestige of the organization and high rates of electric energy consumption, identifying the shared value Responsibility and its associated behavior, as the most influential principle in the mitigation of the risks of compliance of the process.
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Reed, Simon. "Disclosure dilemmas: disclosure issues in the Australian energy and resources sector." APPEA Journal 48, no. 1 (2008): 287. http://dx.doi.org/10.1071/aj07019.
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In light of the continuing buoyancy in commodity and energy prices and the related spike in mergers and acquisitions activity in the energy and resources sector, energy and resources companies’ disclosure obligations are coming under closer scrutiny, both during merger talks and in the ordinary course of business. Company directors and officers need to have a sound understanding of their disclosure responsibilities, so that they can navigate the disclosure minefield with confidence during important periods of growth and consolidation for their company and the sector in general. This paper will highlight key risks and considerations that energy and resources companies should be aware of when considering their disclosure obligations. A better understanding of several specific disclosure situations is provided, including: the enforcement regime that applies to energy and resources companies in relation to disclosure issues (including liability for individual directors and officers); disclosure obligations during merger discussions; appropriate disclosure responses when a bidder comes knocking; difficulties in providing information to prospective bidders; the application of ASX disclosure carve-outs to merger discussions—when they cease to apply; potential insider trading issues in a takeover context; the impact of joint venture arrangements on disclosure obligations; and, specific disclosure obligations for energy and resources companies and proposed changes to oil and gas reporting. Several recent incidents and prosecutions relating to public disclosure issues in the sector are examined to provide a clearer idea of the risks relating to non-disclosure or late disclosure.
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SUNGATULLINA, Liliya B., and Alina A. SAFIULLINA. "Economic diagnostics of organization’s payment obligations fulfillment on the basis of scenario approach." Economic Analysis: Theory and Practice 22, no. 7 (July 31, 2023): 1330–45. http://dx.doi.org/10.24891/ea.22.7.1330.
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Subject. The article addresses economic diagnostics of performance of payment obligations based on scenario approach, enabling to evaluate possible scenarios, unveil the main causes of financial threats to the organization, and develop measures to eliminate them. Objectives. We focus on the development of methodological aspects of implementing economic diagnostics of payment obligations fulfillment based on the scenario approach to reduce risks of insolvency and improve resource management efficiency. Methods. The methodological basis of the study was analysis and synthesis, generalization and comparison, logical and systematic reasoning, grouping, economic and mathematical models in the form of regression equations. Results. We offered to conduct economic diagnostics of payment obligations performance, using the scenario approach and considering the industry specifics. The basis is an assessment of solvency and liquidity of economic entity, reflecting the ability to repay obligations and fund turnover. To determine potential scenarios for future developments, we recommended to build scenarios for changes in the statement of financial results. The paper describes specifics of modeling different types of scenarios: realistic, optimistic, and pessimistic, aimed at minimizing the problems of the organization associated with the level of solvency. Conclusions. Economic diagnostics of payment obligations fulfillment requires a study of organization’s production and financial activities, the results of which are reported in the income statement. Predictive scenarios considering the industry specifics based on performance data make it possible to strengthen the financial stability of the organization, reduce risks of its insolvency, and optimize the use of resources.
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Chong, Agnes. "State Responsibility for Climate Change Damage and the Evolving Regime of Human Rights." German Yearbook of International Law 63, no. 1 (January 1, 2022): 481–509. http://dx.doi.org/10.3790/gyil.63.1.481.
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Individual States are required to reduce their emissions in order to meet the collective goal of keeping global warming to an increase of no more 2 °C but ideally strive to limit temperature rises to 1.5 °C. States have expressed ambitions for reducing greenhouse gas emissions although largely have yet to translate them into policies. Inadequate climate mitigation policies may fall foul of the obligation to reduce GHG emissions, which is a due diligence obligation. Making any successful determination would depend on the status of the jurisprudence on the formation of a customary obligation on the prevention of the risk of transboundary harm in climate change-related human rights. Progressive norms in human rights jurisprudence inform the content of the due diligence obligation and positive duties thereunder. The implication is that responsibility for inadequate climate mitigation policies, as supported by the recent jurisprudence on the failure of due diligence duties in context of environment-based human rights, may be invoked. It is noted that arguments have been advanced that the obligation to prevent climate change harm presents challenges in establishing the elements necessary for responsibility, particularly in respect to defining the internationally wrongful act and causation. However, developments in international human rights jurisprudence supports positive due diligence obligations in preventing climate risks, raising the theoretical possibilities of an international decision following Urgenda. This article observes the possibility of such a trend within States’ customary obligation to prevent transboundary harm with respect to States’ inadequate climate mitigation policies.
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Tashbaev, М., B. Abdullaeva, and А. Beisenov. "RISK - MANAGEMENT OF INVESTMENT PROJECTS USING QUALIMETRIC ANALYSIS." ASJ 1, no. 46 (March 15, 2021): 64–67. http://dx.doi.org/10.31618/asj.2707-9864.2021.1.46.87.
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This article discusses an in-depth analysis of the financial risks of investment projects based on the assessment of financial stability indicators, and the determination of the company's solvency class. This analysis allows you to determine whether an enterprise presenting an investment project on the market is capable of paying off its obligations and minimizing the investor's risks
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VOCHOZKA, MAREK. "BLANK DRAFTS TO SECURE OBLIGATIONS WITHOUT FINANCIAL RISK." AD ALTA: 14/01 14, no. 1 (June 30, 2024): 271–76. http://dx.doi.org/10.33543/j.1401.271276.
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Blank drafts have become an increasingly popular payment instrument used by banks and creditors to reduce financial risk. Bank drafts have a specific legal status, containing inconsistencies between a partial filling-in and their transformation into securities. The study aims to analyze blank drafts as an instrument in modern business transactions, their strengths and weaknesses, legal aspects, and related risks. Blank drafts are a flexible instrument used in multiple business transactions. Issuing an incomplete security paper allows the parties to agree on the terms and conditions of the transaction and then complete the necessary information, dramatically speeding up the processes. On the other hand, blank drafts impose a risk and may lead to harmful consequences.
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Paranhos, Luiz Renato, Eduardo De Novaes Benedicto, Mário Marques Fernandes, Dagmar De Paula Queluz, Eduardo Daruge, and Fernando César Torres. "Ethical and legal considerations on professional liability of the orthodontist." Dental Press Journal of Orthodontics 17, no. 6 (December 2012): 146–53. http://dx.doi.org/10.1590/s2176-94512012000600026.
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INTRODUCTION: After the enactment of Law 8078, of September 11, 1990, the Consumers Defense Code implied important alterations in Brazil's legal scenario, providing a greater balance in the relationship between consumers and service providers. From this law, dental surgeons came to establish a consumer relationship with their clients. OBJECTIVE: Due to the ethical and legal issues against the dental professionals, this work makes general considerations about the nature of the dentist´s obligation in services, specifically in Orthodontics. CONCLUSION: The responsibility of the professional shall be restricted to predictable risks and undertaken obligations. When the professional warns the client in a correct, clear and express manner, it will lower the chances of being later charged.
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Goldscheid, Julie. "Considering the Role of the State: Comment on “Criminalizing Sexual Violence Against Women in Intimate Relationships”." AJIL Unbound 109 (2015): 202–6. http://dx.doi.org/10.1017/s2398772300001446.
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International human rights frameworks offer powerful support for a range of reforms to address marital rape. Melanie Randall and Vasanthi Venkatesh’s valuable commentary, Criminalizing Sexual Violence against Women in Intimate Relationships, correctly shines a spotlight on the extent to which marital rape is still accepted in too many countries around the world, and calls for its explicit criminalization under international human rights laws. The commentary serves as an important reminder of the challenges and enduring stereotypes that prevent marital rape from being recognized globally as a human rights violation. But the commentary’s focus on criminalization as the fundamental response is unduly limited. While criminalization, whether explicit or implicit, is a core part of states’ obligations under international human rights law, centering criminal justice risks both shortchanging other approaches and obscuring the problems with criminal justice interventions. Although Randall and Venkatesh acknowledge that criminalization is but one element of a broader strategy, this essay urges a broader view. International human rights laws’ due diligence framework requires a range of responses that include the obligation to prevent, protect, and provide redress, along with the obligation to prosecute and punish. Explicitly framing states’ obligations in terms of that more comprehensive approach would reach broadly to address the cultural and social barriers that allow marital rape to continue without sanction.
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АЛУЯН, С. В., and К. В. ХОРОШУН. "BENEFITS AND RISKS OF THE PARALLEL IMPORT PROGRAM." Экономика и предпринимательство, no. 2(151) (May 31, 2023): 119–22. http://dx.doi.org/10.34925/eip.2023.151.2.021.
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В статье рассмотрены сущность и значение параллельного импорта для экономики Российской Федерации в условиях санкционной политики Запада. Также в данной статье рассматриваются примеры параллельного ввоза товаров из-за границы, риски покупателей, связанные с приобретением «серых» товаров и гарантийные обязательства правообладателей. The article considers the essence and significance of parallel imports for the economy of the Russian Federation in the context of the sanctions policy of the West. Also, this article discusses examples of parallel importation of goods from abroad, the risks of buyers associated with the acquisition of "gray" goods and warranty obligations of copyright holders.
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Gelfond, Stuart, Una Dean, Dave N. Rao, and Justin Sedor. "SEC announces new guidance for public company disclosures on cybersecurity risks." Journal of Investment Compliance 19, no. 4 (November 5, 2018): 22–25. http://dx.doi.org/10.1108/joic-06-2018-0041.
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Purpose To discuss the new guidance on public companies’ disclosure obligations regarding cybersecurity risks and incidents, which was recently unanimously approved by the Securities and Exchange Commission (SEC). Design/methodology/approach Outlines the general disclose requirements and the materiality standard set forth by the SEC, explains specific guidance on public company cybersecurity disclosure, and discusses cybersecurity risk management and insider trading policies. Findings In addition to clarifying the disclosure requirements with respect to cybersecurity issues, the article discusses two additional areas of concern identified by the New Guidance that public companies should consider in the context of cybersecurity and related disclosure. First, public companies must design and maintain policies and procedures to help manage cybersecurity risks and respond to incidents as they occur. Second, public companies should consider adopting insider trading policies that specifically prohibit management and other corporate insiders from trading on the basis of material non-public information regarding a cybersecurity risk or incident. Originality/value Practical analysis of the guidance on disclosure obligations regarding cybersecurity risks and incidents, including discussion surrounding two aspects of cybersecurity not previously addressed in prior SEC staff guidance on the topic.
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Paterick, Zachary R., Nachiket J. Patel, and Timothy Edward Paterick. "Physician alert: the legal risks associated with ‘on-call’ duties in the USA." Postgraduate Medical Journal 94, no. 1113 (June 13, 2018): 411–14. http://dx.doi.org/10.1136/postgradmedj-2018-135847.
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On-call physicians encounter a diverse aggregate of interfaces with sundry persons concerning patient care that may surface potential legal peril. The duties and obligations of an on-call physician, who must act as a fiduciary to all patients, create a myriad of circumstances where there is a risk of falling prey to legal ambiguities. The understanding of the doctor–patient relationship, the obligations of physicians under the Emergency Medical Treatment and Labor Act, the meaning of medical informed consent and the elements of negligence will help physicians avoid the legal risk associated with the various encounters of being on call. After introducing the legal concepts, we will explore the interactions that may put physicians at legal risk and outline how to mitigate that risk. Being on call is time consuming and arduous. While on call, physicians have a duty to act morally and ethically in the best interest of the patients.
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Hatchett, J., M. Hurd, and I. Clacher. "Meeting defined benefit pension obligations: measurement, risk and flight paths." British Actuarial Journal 18, no. 2 (November 28, 2012): 271–307. http://dx.doi.org/10.1017/s1357321712000335.
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AbstractThe UK defined benefit pension scheme landscape has changed dramatically over the last few decades. During this period of change, conflicting views regarding the measurement of both assets and liabilities has made communication challenging. In turn, this has led to an under appreciation of risk and often suboptimal decision making. This paper seeks to draw together a variety of contrasting views to provide a coherent framework for stakeholders to meet pension scheme obligations over time.The proposed framework encourages agreement between both scheme sponsors and trustees towards a common target through a well articulated plan or “flight path”. In addition, the proposed flight path structure provides a common basis underpinning the measurement of both pension obligations and the risks inherent in any plan to meet those obligations.
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Poludniak-Gierz, Katarzyna. "Personalization of Information Duties Challenges for Big Data Approach." European Review of Private Law 26, Issue 3 (July 1, 2018): 297–309. http://dx.doi.org/10.54648/erpl2018024.
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Abstract: The purpose of this article is to identify the opportunities and risks of applying big data technology to regulate the information duties of entrepreneurs in business to consumer relationships. The proposed volatile regulatory framework is assessed from various perspectives, considering research on consumer behaviour, doctrine insights, broader legal contexts, and possible after-effects. As a result, the possibility of using personalization to tailor obligation duties is questioned. Nevertheless, consequences of consumer profiling from a civil law perspective require the immediate attention of legal doctrine and EU legislators. Résumé: L’objectif du présent article est d’identifier les opportunités et les risques de l’application de la technologie ‘big data’ pour encadrer les obligations d’ information des entrepreneurs dans les relations B2C. Le cadre réglementaire proposé est examiné sous des angles différents, en prenant en compte les résultats des recherches menées en matière de comportements des consommateur, les réflexions issues de la doctrine, d’autres environnements juridiques et les effets secondaires possibles. Par conséquent, la possibilité d’utiliser la personnalisation pour façonner les obligations est discutée. Toutefois, les conséquences du profilage des consommateurs dans une perspective civiliste requiert l’attention immédiate de la doctrine et du législateur européen.
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Ricard, Pascale. "The Limitations on Military Activities by Third States in the EEZ Resulting from Environmental Law." International Journal of Marine and Coastal Law 34, no. 1 (February 18, 2019): 144–65. http://dx.doi.org/10.1163/15718085-23341038.
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Abstract In the EEZ, the supposed freedom of states to conduct military activities encounters the rights and duties of coastal states regarding conservation of marine resources and environmental preservation. This article focuses on the relationship between these two specific but not always compatible interests and asks: how should they be combined? Could international environmental law rules be interpreted as a limitation to the conduct of military activities in the EEZ? What are the concrete obligations of states to fulfil their environmental duties, and how far are they compatible with the conduct of other activities? The ‘due diligence’ obligation to protect the marine environment is interpreted as going further than the ‘due regard’ standard enshrined in Articles 56 and 58 of the LOSC. Accordingly, this article assumes that it is a positive obligation, implying specific consequences, such as the conduct of environmental impact assessments when the activity risks causing damage.
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Shan, Xiuji. "Review Obligations of Real Estate Advertisement Publishers." Studies in Law and Justice 2, no. 3 (September 2023): 82–88. http://dx.doi.org/10.56397/slj.2023.09.11.
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Advertisement publishers refers to the media that accept the entrustment of advertisers or advertising operators to publish advertisements to the public, such as television stations, network new media and radio stations. The censorship obligations of advertising publishers means that advertisement publishers actively take reasonable and necessary measures to take the initiative to review the legality of the advertising content and form provided by advertisers or advertising operators. In the current era of digital economy, many real estate enterprises pay too much attention to creating advertising marketing effects, resulting in inducing advertising compliance risks in the content and form of advertising. However, advertisement publishers have insufficient awareness of the importance of advertising compliance, lack of effective violation identification mechanism, lack of spontaneous driving force of advertising compliance system, etc. As a result, the advertisement publishers themselves bear the legal responsibility. This paper will first analyze the legal liabilities that may be caused by the failure to fulfill the obligations of examination from the perspective of advertisement publishers, and then sort out the characteristics of real estate advertising and the main forms of non-compliance of real estate advertising, and finally discuss and propose corresponding compliance strategies.
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Габов, Андрей, and Andrey Gabov. "Billholder Rights in the Reorganization of a Legal Entity." Journal of Russian Law 4, no. 6 (May 30, 2016): 0. http://dx.doi.org/10.12737/19765.
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Reorganization of a legal entity entails significant risks for creditors. To reduce risks, the law (article 60 of the RF Сivil Сode) vests the lenders with special rights. When a legal entity makes the decision about its reorganization, the creditor has the right to demand early performance of obligations, and in case of impossibility of early performance – to require the termination of obligations and compensation for losses. The application of this general rule to the creditors, whose rights are based on the bill, faces a problem: the Regulation on bills and notes of 1937 (article 43) does not mention reorganization as grounds for early repayment of the bill. In the present paper, the author proves that the bill holders have the rights envisaged by article 60 of the RF Civil Сode. The author analyzes the problems in case of bill presentation for repayment.
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Kantor, N. E. "Entrepreneurial risks of property purchasers at bankruptcy tenders." Courier of Kutafin Moscow State Law University (MSAL)), no. 8 (November 19, 2023): 88–95. http://dx.doi.org/10.17803/2311-5998.2023.108.8.088-095.
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Bankruptcy tenders perform several functions that are aimed at maximizing profits, transparency of the procedure, protection of the private interests of creditors and the insolvent debtor. Contracts concluded at such auctions have significant business risks due to the high probability of their contesting by interested parties, possible legal defects of property and property rights realized at tenders, limited application of contract law to the requirements for the performance of contractual obligations in kind. Participation in the tenders means taking on entrepreneurial risks, provided that the information is disclosed in good faith by the y of bankruptcy officer. The protection of the tender winner interest is limited to the interests of the creditors of the insolvent debtor.
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Jaramillo-Armijos, Jessica Mariela, Jessica Mariela Jaramillo-Armijos, and Mireya Magdalena Torres-Palacios. "Tax compliance auditing as a tool for detecting and preventing tax risks for the detection and prevention of tax risks." Revista Metropolitana de Ciencias Aplicadas 7, no. 2 (May 12, 2024): 110–19. http://dx.doi.org/10.62452/tcg30j71.
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Tax auditing is a fundamental practice in financial management, evolving from its origins in Great Britain to become an essential global tool. Its objective is to evaluate and verify financial information to ensure regulatory compliance and transparency. This study analyzed good practices in tax audits, highlighting the importance of planning, impartiality and regulatory compliance. Innovative methodologies, such as data analysis and risk-based auditing, were also explored to improve process efficiency. The results highlighted the need for effective tax management and the prevention of economic crises in organizations. In conclusion, tax auditing is crucial to ensure compliance with tax obligations and improve the financial management of organizations, promoting transparency and efficiency in the management of financial resources.
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Farah, Ahmad Qasim. "Duty of the Insured to Disclose Risks in Terrestrial Insurance Contracts in Jordan, Uae and France: An Analytical Study Upheld by Recent Decisions of Courts of Cassation." Arab Law Quarterly 29, no. 3 (August 10, 2015): 199–245. http://dx.doi.org/10.1163/15730255-12341299.
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Good faith is the fundamental principle upon which insurance contracts are based that requires the party seeking insurance to disclose all potential risks about which the insurer must be aware, whether before conclusion or during coverage of the contract. In cases of misrepresentation or concealment, the insurer may terminate the contract or request a proportionate remedy. Analysis of the positions adopted by the Jordanian and Emirati legislatures, compared to that of the French, shows that the French legislature provides certain solutions to problems that both other legislatures seem to have ignored. Furthermore, decisions issued by Courts of Cassation in the three countries are indeed instrumental in understanding the boundaries of the policy owner’s obligation to disclose certain information. Using a legal comparative and judicial approach, we aim to shed light on the nature of this obligation and then determine the resulting consequences when an insured party succeeds or fails to carry out its obligations.
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Jazić, Aleksandar. "Arrangement of preventive fire protection in the Republic of Serbia." Savremene studije bezbednosti, no. 1 (2023): 67–85. http://dx.doi.org/10.5937/ssb202301067.
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One of the most important areas in fire protection is prevention. This area has the most important place, because its regulation directly contributes to the elimination of potential risks and dangers In all countries, this area is regulated by different legal regulations. This establishes a clear organization in preventive action through a different and clearly prescribed set of measures and activities. Prevention within economic entities has an important place in legal regulations. All economic entities are obliged to implement preventive fire protection measures. The most obligations in that area have economic entities whose activity brings with it potentials of risks and dangers. There are several laws in Serbia that regulate the area of preventive fire protection. They also prescribe the obligation of state bodies to deal with preventive fire protection. Standardization of preventive fire protection is the foundation in the implementation of regulations in this area In each state there is a national body responsible for standardization and cooperates with adequate international organizations and related national bodies of other states.
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Peltier, James W., John A. Schibrowsky, and John W. Davis. "Predicting payment and nonpayment of direct mail obligations: Profiling good and bad credit risks." Journal of Direct Marketing 10, no. 2 (1996): 36–43. http://dx.doi.org/10.1002/(sici)1522-7138(199621)10:2<36::aid-dir5>3.0.co;2-#.
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