scholarly journals Economic and legal aspects of personal bankruptcy

2019 ◽  
Vol 19 (3 (51)) ◽  
pp. 265-278
Author(s):  
Edyta Iwona Piątek
Keyword(s):  
Legal Aspects ◽  
Bankruptcy Law ◽  
District Courts ◽  
Economic Aspects ◽  
Personal Bankruptcy ◽  
Research Project ◽  
Macro Scale ◽  
Bankruptcy Procedure ◽  
The Subject

When a new act on bankruptcy law entered into force on 1 January 2016, it introduced changes in the scope of personal bankruptcy. The article points to the economic aspects of legal solutions provided for in the new regulation for indebted natural persons, significant on a micro and macro scale. At the same time, it points to the problems in the personal bankruptcy procedure which had existed before the amended Act entered into force, and the problems encountered by debtors and courts in connection with these amendments. The article is based on the author's experience in preparing applications for filling for personal bankruptcy and interviews with the judges employed in the bankruptcy and restructuring section of District Courts. The results of conducted observations and interviews were compared to practical cases which are the subject of bankruptcy applications studied as part of the research project

scholarly journals The problems of cross-border personal bankruptcy in russian and chinese legislation and practice

2017 ◽  
Vol 1 (3) ◽  
pp. 160-167
Author(s):  
Tatiana Kareva ◽  
Vadim Sonin
Keyword(s):  
Legal Regulation ◽  
Federal Law ◽  
Personal Bankruptcy ◽  
Methodological Basis ◽  
Russian Territory ◽  
Cross Border ◽  
Scope Of Application ◽  
Bankruptcy Procedure ◽  
The Subject ◽  
The Cross

The subject of the article is the legal and practical problems of cross-border personal bankruptcyin Russia and China.The main goal of this work is to analyze the major issues and obstacles in recognition andenforcement of Russian individual bankruptcy decisions in China and introduce it to Russianscholars and legal professionals.The methodological basis is analysis of the Russian and Chinese legislation, judicial practiceand special literatureThe results, scope of application. This article discusses the possibility of applying the provisionsof the Federal Law On Insolvency (Bankruptcy) to the Chinese nationals registered asindividual entrepreneurs in Russia. The article also reviews the Chinese legal regulation andoffers recommendations on execution of the court judgments on bankruptcy and collectionof debts from the PRC nationals. Existing Russian legislation allows to recognize the foreignnationals as bankrupts. The provisions on the cross-border insolvency also apply to them.The bankruptcy in China is not applied currently to the individuals, although theoretically itmay affect their property sphere during the bankruptcy of an individual private enterprise.Conclusions. The cross-border insolvency of the Chinese nationals encounters obstacles on threelevels. Firstly, the awards of the Russian arbitration courts have not been practically enforced inPRC due to inadequate notification of the Chinese party in the case. Secondly, Chinese courts inprinciple are extremely reluctant in recognizing foreign judgments on bankruptcy, such cases areexceptional. Thirdly, there is no personal bankruptcy institution in the PRC, while similar procedureslike bankruptcy of individual private enterprises are not applied in reality, and there are nolegislative prospects for the personal bankruptcy in the nearest future. Therefore, when conductingthe bankruptcy procedure for the Chinese nationals on the Russian territory, one can onlycount on their property located on this side of the border.

scholarly journals The peculiarities of exclusion of property necessary for professional activity of an insolvent individual from the bankruptcy estate

2021 ◽  
pp. 50-62
Author(s):  
Viktor Aleksandrovich Sharonov
Keyword(s):  
Russian Federation ◽  
Case Law ◽  
Professional Activity ◽  
Bankruptcy Law ◽  
Legal Norms ◽  
Procedure Code ◽  
The Supreme Court ◽  
Bankruptcy Procedure ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the legal norms on the procedure for excluding the property necessary for debtor’s professional activity from the bankruptcy estate. The article covers the question on the possibility of excluding property necessary for the debtor to conduct professional activity, the value of which is 10,000 rubles or higher, from the bankruptcy estate. The goal of this works consists in consideration of a broader interpretation of provisions of the Paragraph 5 of the Part 1 of the Article 446 of the Civil Procedure Code of the Russian Federation jointly with clarifications of the Paragraph 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 25, 2018 No. 48 “On Certain Questions related to the Peculiarities of Formation and Distribution of the Bankruptcy Estate in Cases of Bankruptcy of Citizens” applicable to property of the debtor within the framework of insolvency (bankruptcy) procedure. The author analyzes the relevant civil legislation and insolvency (bankruptcy) law, as well as case law on topic. This article is one of the first attempts to systematize the relevant case law on the subject of exclusion of property necessary for debtor to conduct professional activity from the bankruptcy estate. Based on the results of analysis of the case law, national civil legislation and insolvency (bankruptcy)l law, the conclusion is made on impossibility of exclusion of property used by the debtor for professional activity, the value of which exceeds 10,000 rubles, from the bankruptcy estate in view of the failure of the economic model used by the citizen to ensure a normal life. The author questions the need to extend executive privilege onto the debtor’s property, which is required to conduct professional activity under the insolvency (bankruptcy) law.

scholarly journals The problems of fulfilling the obligations of a bankrupt debtor by a third party within the framework of personal bankruptcy procedure

2020 ◽  
pp. 56-64
Author(s):  
Maksim Viktorovich Bolotov
Keyword(s):  
Law Enforcement ◽  
Third Parties ◽  
Third Party ◽  
Bankruptcy Law ◽  
Personal Bankruptcy ◽  
Legal Entity ◽  
The Third ◽  
Bankruptcy Procedure ◽  
The Third Party ◽  
Rules Set

This article is dedicated to the problem of fulfillment of obligations of a bankrupt debtor by a third party within the framework of personal bankruptcy procedure and the possibility of application of rules set for legal entity debtors. Research is conducted on the need to maintain not only certain sequence of actions of the third party, arbitration administrator and the court, but also the question of proof of origin of funds. Each year brings a growing number of personal bankruptcy cases, prompting the growing need for application of norms on fulfillment of obligations of a debtor by a third party. Within the framework of personal bankruptcy institution there are no such norms, while the law enforcement practice demonstrates a need for norms on fulfillment of obligations of debtors by third parties in the context of the procedure of debt restructuring and liquidation of property. The rules established by the Articles 113 and 125 of the Bankruptcy Law can be applied in resolution of the question of repayment of personal debts by a third party. At the same time, in addition to adherence to the formal order of repayment requirements, it is necessary to examine the question of the source of funds received by the third party.

scholarly journals Comentários ao REsp 1.202.918 – SP: Devem os Créditos Cedidos Fiduciariamente se Submeter aos Efeitos da Recuperação Judicial do Devedor-Fiduciante?

2015 ◽  
Vol 10 (1) ◽  
Author(s):  
Daniel Ochsendorf Portugal
Keyword(s):  
United States ◽  
Rio Grande ◽  
The United States ◽  
Legal Issue ◽  
Bankruptcy Law ◽  
Economic Aspects ◽  
Rio Grande Do Sul ◽  
Court Of Justice ◽  
The Subject

COMENTÁRIOS AO RESP 1.202.918 – SP: DEVEM OS CRÉDITOS CEDIDOS FIDUCIARIAMENTE SE SUBMETER AOS EFEITOS DA RECUPERAÇÃO JUDICIAL DO DEVEDOR-FIDUCIANTE? OBSERVATIONS ON “RESP 1.202.918 – SP”: SHOULD THE FIDUCIARY ASSIGNMENT OF RIGHTS ON MOVABLE ASSETS BE SUBJECTED TO THE EFFECTS OF THE JUDICIAL RESTRUCTURING OF A DEBTOR’S OBLIGATIONS? Daniel Ochsendorf Portugal* RESUMO: Trata-se de análise da cessão fiduciária de créditos face à recuperação judicial do devedor-fiduciante. São abordadas duas questões essenciais em separado: (i) Devem os créditos cedidos fiduciariamente se submeter à recuperação judicial do devedor fiduciante? (ii) Qual seria a melhor alternativa do ponto de vista social? Examina-se, então, acórdão do Superior Tribunal de Justiça que enfrentou estas duas questões a fim de comparar a teoria com a prática e verificar quais seriam os argumentos utilizados pela jurisprudência na análise destes problemas. O artigo investiga, ademais, problema jurídico semelhante que ocorre nos Estados Unidos relativo a derivative contracts. Isto permitirá melhor elucidar os aspectos econômicos do objeto deste artigo. PALAVRAS-CHAVE: REsp 1.202.918 – SP. Cessão Fiduciária de Créditos. Alienação Fiduciária em Garantia. Recuperação Judicial. Direito Concursal Americano. Oportunismo. ABSTRACT: This paper is about the fiduciary assignment of movable rights in view of the judicial reorganization of a debtor’s obligations. There are two main questions that shall be examined: (i) Should the fiduciary assignment of rights on movable assets and of credit instruments be subject to the judicial restructuring of a debtor’s obligations? (ii) Which alternative would generate the best results for society? This paper then examines a decision of the Superior Court of Justice that discussed these two questions in order to compare theoretical aspects with practical aspects and to see which arguments were used by the judges when exploring these problems. Furthermore, this paper examines a similar legal issue that is discussed in the United States and that is relative to derivative contracts. This should help to clarify some of the economic aspects of the subject of this paper. KEYWORDS: REsp 1.202.918 – SP. Fiduciary Assignment of Rights on Movable Assets. Fiduciary Liens. Judicial Reorganization.; American Bankruptcy Law. Opportunism. SUMÁRIO: Introdução. 1. Conceito de cessão fiduciária de créditos. 2. Deve a cessão fiduciária de créditos sujeitar-se aos efeitos da recuperação judicial do devedor-fiduciante? 3. Direito concursal americano e “oportunismo”. 4. Comentários ao julgamento do Resp 1.202.918 – SP. 4.1. Quadro atual da jurisprudência brasileira acerca da cessão fiduciária de créditos e a recuperação judicial do devedor-fiduciante. 4.2. Síntese do julgamento do Resp 1.202.918 – SP. 4.3. Análise do julgamento do Resp 1.202.918 – SP. Conclusão. Referências.* Mestrando pela Universidade Federal do Rio Grande do Sul.

Use of ontological analysis for competence evaluation of scientists in a particular subject domain

2016 ◽  
pp. 081-096
Author(s):  
J.V. Rogushina ◽  
Keyword(s):  
Scientific Activity ◽  
Subject Domain ◽  
Semantic Matching ◽  
Research Project ◽  
Open Environment ◽  
Competence Evaluation ◽  
The Subject ◽  
Ontological Analysis ◽  
Use Of Knowledge ◽  
The Web

Objective methods for competence evaluating of scientists in the subject domain pertinent to the specific scientific product – research project, publication, etc. are proposed. These methods are based on the semantic matching of the description of scientific product and documents that confirm the competence of its authors or experts in the domain of this product. In addition, the use of knowledge acquired from the Web open environment – Wiki-resources, scientometric databases, organization official website, domain ontologies is proposed. Specialized ontology of scientific activity which allows to standardize the terminological base for describing the qualifications of researchers is developed.

The Messy Business of Art, Research, and Collaboration: Audience Engagement in Home/Less/Mess

2016 ◽  
Vol 4 (2) ◽  
Author(s):  
Dawn Farough
Keyword(s):  
Research Project ◽  
Audience Engagement ◽  
Theatre Studies ◽  
The Subject ◽  
Art Research

AbstractThe subject of theatre audience engagement has preoccupied scholars and practitioners in theatre studies and research-informed theatre. Yet at the same time, there is a profound absence of data about audience members. The Canadian play and research project,

Turkey's Physicians' Attitudes Toward Euthanasia: A Brief Research Report

2004 ◽  
Vol 49 (2) ◽  
pp. 109-115 ◽  
Author(s):  
Erdem Özkara ◽  
Hamit Hanci ◽  
Murat Civaner ◽  
Coskun Yorulmaz ◽  
Mustafa Karagöz ◽  
...  
Keyword(s):  
Assisted Suicide ◽  
Turkish Population ◽  
Legal Aspects ◽  
Research Report ◽  
Ongoing Debate ◽  
The Subject

Euthanasia and assisted suicide are subject to an ongoing debate and discussed with various aspects. Because physicians are in a profession closely related to euthanasia, their attitudes toward this subject are significant. Thus, research intending to explore their opinions is carried out in many countries. In this study, opinions of the physicians regarding euthanasia's definition, contents, legal aspects, and acceptable conditions for its application are addressed. The questionnaire was given to 949 physicians, more than 1% of the total working in Turkey. Of the physicians who participated in the study, 49.9% agreed with the opinion that euthanasia should be legal in certain circumstances. In addition, 19% had come across a euthanasia request and the majority of physicians (55.9%) believed that euthanasia is applied secretly in the country despite the prohibitory legislation. In conclusion, the authors infer from the study itself and believe that euthanasia should be legal in certain circumstances and that the subject, which is not in the agenda of the Turkish population, should continue to be examined.

Figurative language in talking about the loss of a father. The example of Americans and Poles

2021 ◽  
Vol 17 ◽  
pp. 113-127
Author(s):  
Kamila Midor
Keyword(s):  
Figurative Language ◽  
Research Project ◽  
Conceptual Metaphors ◽  
Limited Size ◽  
Loss And Grief ◽  
Language Groups ◽  
The Subject

The subject of this paper is loss and grief described by different people from two language groups: Americans and Poles. The analyzed data comes from the responses to two online questionnaires, and belongs to a larger PhD research project. In looking for examples of conceptual metaphors (Lakoff and Johnson 1980, Kövecses 2005) and conceptual blends (Fauconnier and Turner 1996, Dancygier and Sweetser 2014), we present various cases of conceptualization of loss and grief. Given the limited size of this paper, we selected examples referring to loss of a father. The aim is to compare different ways of talking about apparently the same type of loss, highlighting the fact that grief is very subjective and personal. It is also a way to present differences and a variety in viewpoint when talking about this type of loss.

scholarly journals An Optimal Personal Bankruptcy Procedure and Proposed Reforms

2000 ◽  
Vol 29 (1) ◽  
pp. 255-286 ◽  
Author(s):  
Hung‐Jen Wang ◽  
Michelle J. White
Keyword(s):  
Personal Bankruptcy ◽  
Bankruptcy Procedure
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