execution procedures
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2021 ◽  
Vol 24 (77) ◽  
pp. 1-43
Author(s):  
یاسر السبعاوی ◽  
سیبل حاجی عمر

Obiter ◽  
2021 ◽  
Vol 41 (4) ◽  
pp. 871-902
Author(s):  
André Boraine

Although some legal systems provide some protection for a debtor’s homestead or family home when his or her estate is insolvent, such direct protective measures are absent in South African insolvency law. Such protection during insolvency can be provided by means of some level of exemption for the insolvent’s family home or homestead, as in the insolvency laws of the USA, or by providing protection of occupancy to the insolvents and his or her dependants, as is the case in England and Wales.In view of developments concerning the protection of a debtor’s primary residence in South African individual debt collecting and execution procedures (in light of the right to housing provided for in section 26 of the Constitution), the question was posed in Part 1 of this article whether a court hearing an application for compulsory sequestration should apply the same principles, especially if the debtor raises the point that the sequestration order may render him or her homeless. In this respect, no direct authority for this proposition could be found. (Commentators have argued for some time that the position of the homestead of the debtor in insolvency needs the legislature’s attention as well, but there has not been real progress in this regard to date.)However, there are a few judgments in which courts have considered the applicability of the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act 19 of 1998 (the PIE Act) after sequestration of the insolvent’s estate. Part 2 of the article is therefore devoted to discussing developments in this regard and to considering what problems are encountered in applying the PIE Act during a debtor’s insolvency. Part 2 also considers whether this Act provides sufficient protection to insolvent debtors to prevent them from being evicted from “their” homes when they cannot afford alternative accommodation.Against this background, the two parts of the article deal with different aspects of the issue under discussion. Ultimately, the two parts aim to provide some answers to the pertinent question – that is, whether the PIE Act can provide effective interim and/or adequate protection to an insolvent debtor who may be evicted from his or her (former) homestead, in particular in the absence of direct measures in insolvency law to protect insolvents and their dependants under these circumstances. In raising this question, pertinent issues regarding the application of the PIE Act in insolvency are also considered.


2021 ◽  
Vol 309 ◽  
pp. 01199
Author(s):  
Indira Priyadarshini Tummala ◽  
M Ramesh

DDF is the most significant measure among different bunch execution procedures to assess the immaculateness of any group component. Ordinarily, best groups are assessing by processing the quantity of information focuses inside a bunch. At the point when this tally is comparable to the quantity of required information focuses then this group is viewed as great. The greatness of the bunch system is fundamental not exclusively to discover the information check inside a group yet in addition to inspect it by totalling the information focuses these are (I) present inside a group where it ought not be and the other way around and (ii) not grouped for example anomalies (OL). The principle usefulness of DDF is that all bunch focuses can be gathered in comparative groups without exceptions, the current paper features on how contrasted with DDF more effective Clusters can be shaped through the Modern DDF. Further, we assess the exhibition of some grouping calculations, K-Means. As of late we, fostered the Modified K-Means Algorithm and Hierarchical Algorithm by utilizing the Data Discrepancy Factor (DDF).


2020 ◽  
Vol 1 (2) ◽  
pp. 431-435
Author(s):  
I Made Suarja ◽  
Simon Nahak ◽  
I Ketut Widia

This research was conducted based on fiduciary guarantee of execution provided for in Article 29 of Act No. 42 of the year 1999 about Fiduciary Guarantee stating that the fiduciary guarantee execution can be carried out by means of the execution of the title eksekutorial, the distribution of sale through the society, or sale under the hand with the consent of both parties. However, in practice when it will do the execution of fiduciary guarantee, guarantee that turned out to be transferable and controlled by third parties without the consent of the borrower. Formulation of the problem in this study was 1. The requirements are to be met by the lender in order to have the power of doing execution in granting credit Guarantee Chattels? 2. How is the legal protection for the lender that guarantees Fiduciary transferable? The purpose of the research to know the procedure of obtaining legal protection for holders of a Fiduciary which is transferable. The theory is a theory of legal certainty and the protection of the law. This type of research approach with normative approach legislation and the approach to the case. The first discussion about the terms of execution of fiduciary guarantee and second set of laws regarding a lender to Fiduciary redirected. The result of the research showed that if not created by notariil and registered office at Fiduciary, then their execution procedures can only be done with the setting of the ruling of the District Court. Procedures and procedures binding guarantee of fiduciary fiduciary registration procedures on Fiduciary Office, are not set or are not found in detail in the Law Number 42 Year 1999.


Obiter ◽  
2020 ◽  
Vol 41 (2) ◽  
pp. 199-225
Author(s):  
André Boraine

Although some legal systems provide some protection of the homestead or family home for the debtor when his or her estate is insolvent, such direct protective measures are absent in South African insolvency law. Such protection during insolvency can be provided by means of some level of exemption of the family home or homestead of the insolvent like in the insolvency laws of the USA, or by providing protection of occupancy to the insolvents and his or her dependants as is the case in England and Wales.In view of the developments in light of the right to housing as provided for in section 26 of the Constitution concerning the protection of the primary residence of a debtor in South African individual debt collecting and execution procedures, the question will be posed in Part 1 of this article if the same principles should apply in the case of a court hearing an application for compulsory sequestration, especially if the debtor raises the point that the sequestration order may render him or her homeless, should also be considered by such court. In this respect, no direct authority for this proposition could be found yet. (Commentators have argued for some time that the position of the homestead of the debtor in insolvency needs attention of the legislature as well but there has not been real progress in this regard to date.)However, there are a few judgments where the applicability of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (the PIE Act) after sequestration of the insolvent’s estate has been considered. Part 2 of the article will therefore be devoted to discuss developments in this regard and to consider what problems are encountered in applying the PIE Act during insolvency of the debtor and also if this Act provides sufficient protection to insolvent debtors to prevent them from being evicted from “their” homes where they cannot afford alternative accommodation.Against this background, the two parts of the article deal with different aspects of the issue under discussion. Ultimately the two parts are thematic to provide some answers to the pertinent question, namely if the PIE Act can provide effective interim and/or adequate protection to an insolvent debtor who may be evicted from his or her (former) homestead – in particular in the absence of direct measures in insolvency law, which protect insolvents and their dependants under these circumstances. In raising this question pertinent issues regarding the application of the PIE Act in insolvency also will be considered.


X ◽  
2020 ◽  
Author(s):  
Rosa Mª Domínguez Caballero

The Andalusian defensive heritage and its management in the intervention. A model on Health and SafetyThe Management of the Architect or Building Engineer in Restoration works in defensive buildings such as (towers, walls, castles, etc.) has an exhaustive and specific workforce due to the particularities especially in the environment of the Health and Safety Coordination. This communication will focus on the management of the technician on the Prevention of Occupational Risks in the Restoration, Rehabilitation and Consolidation works on defensive constructions chosen by the author of her International Thesis from the point of view of their integration in all processes: definition and Execution of the activities to be carried out. The destination and final objective is to ensure the physical integrity of the workers who are in contact in the Restoration of Historical Heritage. Research has been carried out in this area both in Andalusia and in the South of France, around the Mediterranean, reflecting the comparison of particularities as an example in 2 defensive interventions: “Restoration in the tower of Castle Molares (Sevilla)” and “Consolidation of Castle Olvera (Cádiz)”. The Technician's work is fundamental for the control of risks in the workplace, especially in the consolidation and restoration of defensive heritage. The actions of the Health and Safety Coordinator in the execution phase in the Restoration or Rehabilitation differ considerably with the works of Nueva Planta, since the stability of the building must be guaranteed in addition to the difficulty involved in the execution procedures and the “surprises” that can be found when acting on the property of this type. Documents are prepared reflecting the modifications in the Restoration Process that will entail new “occupational risks” and the consequent “health and safety measures” that will have to be taken to eliminate or minimize as indicated in Law 31/95 of PRL.


Author(s):  
S. Parrinello ◽  
F. Picchio

<p><strong>Abstract.</strong> The present paper illustrates a part of the methodological process of image-based acquisition developed for the documentation of the historical city center of Bethlehem, in the Middle East territory. The first mission of research activities, developed inside the international cooperation project “Management and control of urban growth for the development of heritage and improvement of life in the city of Bethlehem” (2018–2021), coordinated by University of Pavia in collaboration with the Municipality of Pavia and financed with the contribution of AICS (Italian Agency for Cooperation and Development), has been carried on through combined application of digital instruments, TLS and UAV, with the aim of developing “smart”, low-cost and rapid execution procedures for the production of a reliable three-dimensional model of the historic city center. The paper shows the application of different photogrammetric survey campaigns in a portion of the historical town, acquisition problems and tests of morphometrical reliability of each output, in order to develop a general SfM database consisting of different definition levels of the photogrammetric models of historical city center.</p>


Author(s):  
Amit B Patil ◽  
Bharath Kumar B ◽  
Ajay P Karnalli

Technology Transfer (TT) is vital action from drug development in Research and Development (R and D) Department to commercial manufacturing till the product discontinuation. This review is an attempt to give an insight about the transfer of pharmaceutical product from R and D to production including necessary documents required to review the supporting documents and execution procedures in production shop floor. TT is considered effective, if there is a documented evidence that the process and its parameters, repeatedly results in desired product quality which was established upon during TT between the transferee and transferor. For the execution of TT process, expertise from different department such as Engineering, R and D, QA, process analyst and production are teamed. the transmission comprises of arrangements procured in these flows of improvement to achieve the quality as planned throughout manufacture.


Author(s):  
Marlon Barros de Lima

The present article is the final result of the research on the interpretation of musical works for trombone soloist composed by the famous conductor, Maestro Duda, developed in the Postgraduate Program in Music of the Music School of the Federal University of Rio Grande do Norte (PPGMUS-UFRN). With this research, we could make interpretative suggestions that would help the trombonist in the preparation and execution procedures of the studied works: Two Dances (Gizelle and Marquinho in Frevo), Fantasia for Trumpet and Trombone and Suíte Monette. Therefore, we will present some questions which result from the research related to Maestro Duda, about the musical interpretation, and the main results regarding aspects and interpretative suggestions in the works studied


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