Hu X (A), Hu X (B), et al. v. Deqing Jinhengkun Real Estate Development Co., Ltd., Chen X, et al. (Dispute over the Third-party Revocation): Determination of the Subject of the Third-party Revocation
The question of which law should govern the third-party effects of assignments of claims was considered during the preparation of the Rome I Regulation. The European Commission’s proposal for the Rome I Regulation admitted the law of the assignor’s habitual residence as the law that should apply to the proprietary effects of assignments of claims. Finally, EU Regulation on the law applicable to contractual obligations did not include the issue of the third-party effects of the assignment. However, Article 27(2) of the Rome I Regulation required the European Commission to present a report on the question of the effectiveness of assignments of claims against third parties accompanied, if appropriate, by a proposal to amend the Rome I Regulation. Proposal for a Regulation on the law applicable to the third-party effects of assignments of claims (COM(2018) 96 final) is a response to this request.
This paper analyses current draft of the new EU Regulation, the rules on determination of the third-party effects of assignments of claims (law of the assignor’s habitual residence and law of the assigned claim) and "super conflict rules" in specific cases. The author argues that the law of the assignor’s habitual residence remains the appropriate conflict rule for proprietary effects of assignments of claims.
Levinasian philosophy is characterized as a philosophy of ethical subjectivity and asymmetrical responsibility. Ethics is understood as the subject that gives itself entirely to the Other. However, the Other is never alone. His face attests to the presence of a third party who, looking at me in his eyes, cries for justice. There is no longer any question for the subject to devote himself entirely to the Other (ethical justice), to give everything to him at the risk of appearing empty-handed before the third party. How then to serve both the Other and the third party? The question of the political appears in the thought of Levinas with the emergence of the third party who, like the Other, challenges me and commands me (social justice). The third party establishes a political space. Politics is in the final analysis the place of the universalization of the ethical requirement born from face-to-face with the face of the Other.
Tertius Interveniens, written in 1610, is one of Kepler's most powerful and passionate treatises on astrology, written as a defence of the subject against extremists on both sides, on the one hand those who would condemn astrology altogether, and on the other those who accepted everything said and done in its name, no matter how preposterous. Hence he is the ‘third party intervening’, as indicated by the title.
The subject of this article is relations that arise to interference of the third party (intervener) in contractual relations of the parties. The author considers the question of possible means of protecting a bona fide creditor from the actions of an intervener, such as challenging of the transaction consummated between the obligator and the intervener, as well as recovery of tort damages from the intervener for the benefit of a bona fide creditor. The article examines the issues emerging in the context of application of both methods of protection. The conclusion is made on the possibility of use of both methods, in preference to recovery of damages. It is noted that challenging of the transactions allows to equitably redistribute the burden of proof in disputes with a mala fide intervener, while the tort claim implies the possibility of recovering pure economic losses from a mala fide intervener. The authors indicate that the current Russian legislation does not contain dogmatic obstacles for application of such method of protecting a mala fide intervener.
This study aims to analyze the effect of the NPF ( non performing financing) and FDR (financing to deposit ratio) to the volume of financing of Islamic Banks in Indonesia with third-party funds as a mediating variable. The population in this study are all Islamic banks in Indonesia who registered at Bank Indonesia. Determination of the sample used by using purposive sampling, then obtain three Islamic banks were analyzed by mediation regression analysis which use multiple causal step method. The results of this study indicate that the NPF has positive significant to the volume of financing of Islamic banks in Indonesia, FDR has no significant to the volume of financing of Islamic banks in Indonesia, NPF has positive significant to the third-party funds, FDR has no significant to the third-party funds, the third-party funds has positive significant to the volume of financing of Islamic banks in Indonesia, the third-party funds has significant effect in mediating NPF to the volume of financing of Islamic banks in Indonesia.
Kolizyjnoprawna problematyka skuteczności przelewu wierzytelności wobec osób trzecich — projekt rozporządzenia Parlamentu Europejskiego i Rady w sprawie prawa właściwego dla skutków przelewu wierzytelności wobec osób trzecich (COM(2018) 96 final)