Das Entnahmerecht der Gesellschafter einer OHG in der Unternehmenskrise und im eröffneten Insolvenzverfahren

2021 ◽  
Author(s):  
Katharina Kapp

The thesis examines and explains the scope of the withdrawal rights of the OHG (general partnership) shareholders under Section 122 (1) HGB (Commercial Code) in the company's corporate crisis. In addition, the questions are dealt with in depth for the first time in a systematic context, whether the shareholders can file unsatisfied withdrawal claims for the insolvency table after the opening of insolvency proceedings over the company's assets, whether they must be established in the insolvency table, and whether the withdrawal claims also arise during the opened insolvency proceedings and can be asserted as mass claims. The author worked in a law firm of insolvency administrators during her doctoral studies.

2020 ◽  
Vol 23 (3) ◽  
pp. 118-134
Author(s):  
Alexander Rusetsky ◽  
Olga Dorokhina

This article is part of a research conducted as part of the Support Program for Doctoral Studies of Shota Rustaveli Georgian National Science Foundation.This article is part of a research conducted as part of the Support Program for Doctoral Studies of Shota Rustaveli Georgian National Science Foundation.Name of the research – "Interdisciplinary analysis of the complex system of the Abkhazian conflict by the method 4D-RAV-17" (grant number – PHDF‐18‐1147). The method is a combination of well-known and innovative approaches and techniques. This article is part of the abovementioned research. The complex system of the Abkhazian conflict in this article received a conditional definition – the Abkhazian crisis. The political component of the complex system is accordingly called the Abkhazian political crisis and is the main object of research in the framework of the article.The article is aimed at solving a specific scientific and applied task – at determining a scientifically based method for the positive transformation of the Abkhazian political crisis and the transition to a new level of political order – to the Abkhazian security community.The article considers the possibility of carrying out work on the development and implementation of a new, alternative to the existing, peacemaking process, which can be based on the policy of the transition of the Abkhazian political crisis to a new political order.Consecutive transition tools are the following:• building a model of the structure of the Abkhazian political crisis;• The concept of awareness of common threats;• The concept of the Abkhazian security community.The work can be attributed to the following studies: Abkhazian Studies; Conflicts and Peace Studies, Crisis Studies, Security Studies, Political Studies and International Studies.The practical significance of the work and novelty. As a result of a reflective analysis of the past and existing political and scientific discourse, the absence of holistic research and the dominance of reductionism in the perception and description of the Abkhazian crisis and individual conflicts – its components - were first shown. In scientific works, a mostly complex and multi-component conflict is taken down to a hybrid and scientifically unreasonable formulation – "Georgian-Abkhazian" conflict. This wording also dominates in political discourse and even in international documents.As a result of a thoroughful analysis and synthesis of the information received, for the first time a brief and conditional definition was given to the complex system of the Abkhazian conflict – "Abkhazian crisis".As a result of this research, for the first time, at a scientific level, security threats are considered as a resource for peacemaking and the Concept of awareness of common threats is formulated.Also, for the first time (in the case of the Abkhazian crisis), the well-known Theory of the Security Community for International Relations of Karl Deutsch was proposed. It was adapted to the specifics of this conflict, not only related to the dimension of international relations. The political component of the crisis was classified in the research and a model of the Abkhazian political crisis was proposed, which includes both the domestic and international components of the crisis. The presented definition – "mixed conflict" theoretically resolved the conflict between supporters to define this conflict as "internal, local" and those who consider it "international". This is a useful solution for other political conflicts of the post-Soviet Union space, in particular, for the "Donbas crisis".From a theoretical and practical points of view, attention was drawn to the fact that Security Studies are considered a subsystem of studies in the field of International Studies, which does not allow the effective use of existing scientific achievements in these fields for mixed conflicts.The article proposes specific innovative ideas for implementing these approaches and techniques. This article proposes solutions to the problems of increasing the effectiveness of the peacemaking process. The task itself has an innovative character, since basically researches conducted earlier in this area (around the Abkhazian conflict) is more focused on the Conflicts Studies, rather than Peace Studies. In particular, this concerns the lack of research aimed at studying the effectiveness of peacemaking processes.As a result of formalization of the results obtained, the article presents new political concepts – neologisms, which until now have not been used (or not sufficiently used) in relation to this issue. Among them the following may be outlined: "Abkhazian crisis"; "Mixed conflict", "secessionists of Abkhazia"; "unionists of Abkhazia"; "irredentists of Abkhazia"; "Internationalization of the peacemaking process"; "legitimacy of peacemaking formats"; "democratization of the negotiation process"; "Abkhazian Security Community".As a result of the conducted work, an algorithm of stage-by-stage actions is presented, which can lead to a way out of the crisis and a transition to a new level of management culture and political order. It also provides specific practical recommendations that can be used by the participants in the process.Research on improvement of this model is ongoing, the following articles are being prepared, and negotiations are conducted on implementation with representatives of the participating parties at the expert and political levels.This research may be useful for those interested in the Abkhazian issue, as well as for adapting and using the approaches and techniques described in this article to improve the quality of peacemaking processes to resolve other conflicts and crises.


2022 ◽  
Author(s):  
Jan Singer

Under the political pressure of the COVID-19 pandemic, the German legislature implemented the EU Restructuring Directive at record speed with the StaRUG, thus creating for the first time a legal framework for corporate restructuring outside of insolvency proceedings. This study examines the highly topical transposition act in terms of its practical suitability and, on the basis of remaining regulatory gaps, develops an alternative doctrinal and structural approach that initiates further reform debates in the upcoming evaluation process. The author concludes that, de lege ferenda, German restructuring law should be enriched by a minimally invasive contractual framework that offers SMEs in particular a quick and cost-effective alternative.


Author(s):  
Paola Lettieri ◽  
Luca Cammarata ◽  
Giorgio D. M. Micale ◽  
John Yates

A commercially available Computational Fluid-Dynamics code, CFX-4, has been chosen to carry out computer simulations of gas fluidized beds. In this study, the Eulerian-Eulerian granular kinetic model, which is a standard option of the code, has been used. Fluid-bed simulations of Geldart Group B materials have been performed using the granular kinetic model, spanning three hydrodynamic regimes: bubbling, slugging and turbulent fluidization. Furthermore, an alternative Eulerian-Eulerian model, the so-called "particle-bed model", has been implemented for the first time within a commercial code, and results are presented from simulations of the bubbling and slugging fluidization of a Geldart Group B material, and for the homogeneous fluidization of a Group A material. A numerical procedure has been developed to allow for a tight control of the fluid-bed voidage at maximum packing during the simulations with the particle-bed model. Results show that both the granular kinetic model approach and the particle-bed model are able to describe significant aspects of the investigated fluidization regimes.


The research presented throughout this chapter and in Chapters 3 and 4 comes from a 2015-16 study of a US-based for-profit coaching company that was conducted as part of the author's dissertation and doctoral studies. The research was designed to examine, understand, and explain why students assigned to receive retention and success coaching were significantly more likely to remain enrolled at their institutions than students who did not receive coaching. One of the main elements of the research was to understand and evaluate the coaches' performance in the retention of students in online degree completion programs and to inform the larger, related problem of online course and program retention. As a further focus, the study was designed to inform and improve retention of the most difficult community of students, the non-first-time student enrolled in an online degree completion program. This chapter looks at the knowledge elements and components of highly impactful coaching.


Author(s):  
Blerta Aliu

Bankruptcy represents an effort to find the correct ratio between the need to protect economic assets left over from a subject in crisis and need to take care and realize greater extent the rights of creditors. Bankruptcy in Albania, for the first time was adjusted in the Commercial Code of Zogu, " Book six – Bankruptcy". Today in the Republic of Albania the law in 2002 "On bankruptcy" amended by law in 2008. This law is largely a continuation of adjustments made in 1995. This paper will address the news that the new law brings, regarding the procedures to be followed and the conditions to be met for a person debtor, can be downloaded from the remaining obligations. Regulated recognition of a foreign bankruptcy procedure and the opening of a secondary procedure, as well as collaboration between the higher of the two bankruptcy proceedings. Also, according to recent changes have envisaged by the law, Bankruptcy Supervision Agency" which is a public legal entity. We will treat the compatibility of our legislation with EU Regulation of 2000. The methodology used in the paper is the analysis of legislation and practical decisions. The conclusions show a positive tendency of legal norms to protect creditors, but the level of jurisdiction decisions and practice seems more embryonic. Relevance of this topic is related to social, legal but also economic aspects.


2018 ◽  
Vol 3 (2) ◽  
pp. 83 ◽  
Author(s):  
Kathleen DeMarrais ◽  
Lauren Moret ◽  
Elizabeth M. Pope

A critical aspect of learning qualitative research methodology in a doctoral program is to develop deep knowledge of the theoretical frameworks informing one’s research. An in-depth reading of those theories is necessary for them to be used to inform and guide dissertation research. Based in narrative inquiry, this study examined the journeys of 18 novice qualitative researchers as they came to understand theory and develop a theoretical home to inform their doctoral research. Findings include 1) the emotional concerns, uncertainty, and confusion when asked to engage with theory and theoretical frameworks to inform their research for the first time; 2) supports and strategies used to engage deeply with theories; and 3) students’ use of metaphors to describe their relationships with theories over the course of their doctoral studies as they came to a “theoretical home”. Implications for doctoral training in qualitative research include the need to engage pedagogically with students around the complexities and messiness of the role of theory in research.


Author(s):  
Z.P. Biloshkurska ◽  
◽  
O.A. Polishchuk

The article covers the issue of legal liability for non-fulfillment of contractual obligations in the field of management. Issues of liability are regulated in accordance with current legislation — the Civil Code of Ukraine, the Commercial Code of Ukraine, and other regulations. They regulate the obligations of the parties to properly perform their obligations under the contract, which are guaranteed by measures of property liability imposed on the party that does not perform them to the other party or performs them improperly. The economic and legal responsibility depending on the types of economic offenses and the sanctions established for these offenses is investigated. For the first time in legislative practice, the Commercial Code of Ukraine proposed such a universal sanction as compensation for damages. Its universality lies in the fact that damages are not a sanction of a predetermined amount; their recovery (compensation) is provided in case of any economic offense, unless otherwise expressly provided by law. The article also provides a definition of non-pecuniary damage and the procedure for its compensation. The norm is new for economic legislation and it no longer applies to the offender, but to the injured party, ie the party in whose sphere of activity the losses occurred. The latter is obliged to take all necessary measures to minimize damages if it has been warned in a timely manner by the offender about the possible non-fulfillment of his obligation. Otherwise, the injured party is deprived of the right to compensation. The article covers the issue of joint and several compensation for damages caused by several participants in economic relations at the same time. The issue of voluntary compensation for damages, as well as the issue of filing claims and lawsuits were also considered.


2020 ◽  
Vol 20 (4) ◽  
pp. 199-203
Author(s):  
Richard Tomlinson

AbstractIn recent years there has been an explosion of new ‘legal tech’ solutions on the market claiming to solve almost every problem or improve the efficiency of almost any process in a law firm. Alongside these new legal tech vendors are the traditional legal vendors offering enterprise solutions, and it can be challenging to identify, select and implement the right mix of solutions to solve your law firm's knowledge management (KM) needs. If you are thinking about or have been asked to introduce a new KM solution, it can be difficult to know where to get started, especially if you are in this position for the first time. This article, by Richard Tomlinson, explores some techniques and methodologies picked up over several years working in legal technology in big-law, to help you select and implement the best technology solutions for your firm.


Author(s):  
J. Chakraborty ◽  
A. P. Sinha Hikim ◽  
J. S. Jhunjhunwala

Although the presence of annulate lamellae was noted in many cell types, including the rat spermatogenic cells, this structure was never reported in the Sertoli cells of any rodent species. The present report is based on a part of our project on the effect of torsion of the spermatic cord to the contralateral testis. This paper describes for the first time, the fine structural details of the annulate lamellae in the Sertoli cells of damaged testis from guinea pigs.One side of the spermatic cord of each of six Hartly strain adult guinea pigs was surgically twisted (540°) under pentobarbital anesthesia (1). Four months after induction of torsion, animals were sacrificed, testes were excised and processed for the light and electron microscopic investigations. In the damaged testis, the majority of seminiferous tubule contained a layer of Sertoli cells with occasional spermatogonia (Fig. 1). Nuclei of these Sertoli cells were highly pleomorphic and contained small chromatinic clumps adjacent to the inner aspect of the nuclear envelope (Fig. 2).


Author(s):  
M. Rühle ◽  
J. Mayer ◽  
J.C.H. Spence ◽  
J. Bihr ◽  
W. Probst ◽  
...  

A new Zeiss TEM with an imaging Omega filter is a fully digitized, side-entry, 120 kV TEM/STEM instrument for materials science. The machine possesses an Omega magnetic imaging energy filter (see Fig. 1) placed between the third and fourth projector lens. Lanio designed the filter and a prototype was built at the Fritz-Haber-Institut in Berlin, Germany. The imaging magnetic filter allows energy-filtered images or diffraction patterns to be recorded without scanning using efficient area detection. The energy dispersion at the exit slit (Fig. 1) results in ∼ 1.5 μm/eV which allows imaging with energy windows of ≤ 10 eV. The smallest probe size of the microscope is 1.6 nm and the Koehler illumination system is used for the first time in a TEM. Serial recording of EELS spectra with a resolution < 1 eV is possible. The digital control allows X,Y,Z coordinates and tilt settings to be stored and later recalled.


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