scholarly journals Fictitious employment contracts in loan recovery processes in Latvia

2018 ◽  
Vol 40 ◽  
pp. 01005
Author(s):  
R. Neilands

Latvia from 2008 till 2013 experienced serious financial crisis. The results of the crisis were significant financial loss in banking area, plenty of foreclosures, plenty of corporate and private bankruptcy processes. One of issues Latvia faced in the foreclosure proceedings was the reaction of debtors – some of them used all possible means (including illegal) to obstruct foreclosure. One of such means is a conclusion of fictitious employmentcontracts on the mortgaged real estate maintenance and later obtaining a court judgment on a wage recovery. The aim of the paper is to research how fictitious employmentcontracts are used and to propose a solution for the fictitious labour agreements issue. Methods of qualitative research were employed in the paper – comparative method, analytic method, inductive method, and deductive method.

Author(s):  
Marina Molodcova

The importance of the work manifests in the study of the right of individuals to the protection of their interests in the court of arbitration, and as a result, new theoretical and practical conclusions are offered. Dispute settlement in the court of arbitration is usually characterised by three positive aspects: comparatively short dispute settlement time, lower costs, and confidentiality. Still, the environment of the Latvian courts of arbitration has earned a negative image, and their quick judgements are not always objective and fair. In Latvia, the number of studies in this field is small; studying issues related to courts of arbitration mostly gained popularity during the period when changes in the laws and regulations or passing a new Arbitration Law was planned. Studies where the practice of other countries in relation to courts of arbitration is explored primarily tend to analyse and study the international institute of the court of arbitration. The normative regulations that governs the operation of courts of arbitration in the latest years has been improved and developed; however, in general it does not form a positive legal practice. The research aim is to study the topic, individuals’ right to the protection of their interests in the court of arbitration, find problems and shortcomings, as well as offer a solution. The research object is civil judicial remedy for protecting individual’s interests, whereas the research subject is the individuals’ rights to the protection of their interests in the court of arbitration. The following scientific research methods have been used in the development of research work: special methods: grammatical method, analytical method, systemic method, historical method, teleological method, comparative method, semantic method; general scientific methods: inductive method and deductive method.


2018 ◽  
Vol 28 (2) ◽  
Author(s):  
T Dowling ◽  
Somikazi Deyi ◽  
Anele Gobodwana

While there have been a number of studies on the decontextualisation and secularisation of traditional ritual music in America, Taiwan and other parts of the globe, very little has been written on the processes and transformations that South Africa’s indigenous ceremonial songs go through over time. This study was prompted by the authors’ interest in, and engagement with the Xhosa initiation song Somagwaza, which has been re-imagined as a popular song, but has also purportedly found its way into other religious spaces. In this article, we attempted to investigate the extent to which the song Somagwaza is still associated with the Xhosa initiation ritual and to analyse evidence of it being decontextualised and secularised in contemporary South Africa. Our methodology included an examination of the various academic treatments of the song, an analysis of the lyrics of a popular song, bearing the same name, holding small focus group discussions, and distributing questionnaires to speakers of isiXhosa on the topic of the song. The data gathered were analysed using the constant comparative method of analysing qualitative research.


2018 ◽  
Vol 3 (5) ◽  
pp. 27
Author(s):  
Rovinson Yovanni Zambrano Zambrano ◽  
Oscar Santiago Barzaga Sablón

La vinculación entre la familia y la escuela es esencial para la educación de los estudiantes de cualquier institución educativa. Entre sus funciones más importantes se ubica, la prevención de las posibles conductas desviadas en el ámbito escolar. El presente estudio aborda el comportamiento de la función prevención y solución de problemas de la orientación familiar, desde el análisis de riesgo; al caracterizar su estado actual y proponer una estrategia para el perfeccionamiento de la orientación familiar, para ello se utilizaron fundamentalmente métodos teóricos de investigación como el método hipotético deductivo, la abstracción científica, el método comparativo, el enfoque sistémico estructural funcional y en calidad de complemento, el diagnóstico. Ellos permitieron arribar a los resultados que presentamos, el estudio es descriptivo y causal. Específicamente el análisis toma como estudio de caso las familias de los estudiantes de la unidad educativa “Cecilia Velázquez Murillo” de la ciudad de Jipijapa en el Ecuador. PALABRAS CLAVE: Orientación familiar; solución de problemas; riesgo en la familia.  FAMILY COUNSELING IN THE SOLUTION OF PROBLEMS FROM RISK ANALYSIS  ABSTRACT  The link between family and school is essential for the education of students of any educational institution. Among its most important functions is the prevention of possible deviant behaviors in the school environment. The present study addresses the behavior of the prevention and problem solving function of family counseling, from the risk analysis; by characterizing their current state and proposing a strategy for the improvement of family orientation, fundamentally theoretical research methods such as the hypothetical deductive method, scientific abstraction, the comparative method, the functional structural systemic approach and as a complement were used., the diagnosis. They allowed us to arrive at the results we present, the study is descriptive and causal. Specifically, the analysis takes as case study the families of the students of the educational unit "Cecilia Velázquez Murillo" of the city of Jipijapa in Ecuador. KEYWORDS: Orientation; problem solving; risk in the family.


2017 ◽  
Vol 35 (6) ◽  
pp. 589-618 ◽  
Author(s):  
Pernille Hoy Christensen

Purpose The purpose of this paper is to understand both the facts and the values associated with the breadth of issues, and the principles related to sustainable real estate for institutional investors. Sustainable real estate is a growing sector within the commercial real estate industry, and yet, the decision-making practices of institutional investors related to sustainability are still not well understood. In an effort to fill that gap, this research investigates the post-global financial crisis (GFC) motivations driving the implementation of sustainability initiatives, the implementation strategies used, and the predominant eco-indicators and measures used by institutional investors. Design/methodology/approach This paper presents the results of a three-round modified Delphi study conducted in the USA in 2011-2012 investigating the nature of performance measurements and reporting requirements in sustainable commercial real estate and their impact on the real estate decision-making process used by institutional investors. Two rounds of in-depth interviews were conducted with 14 expert panelists. An e-questionnaire was used in the third round to verify qualitative findings. Findings The key industry drivers and performance indicators influencing institutional investor decision making were associated with risk management of assets and whether initiatives can improve competitive market advantage. Industry leaders advocate for simple key performance indicators, which is in contrast to the literature which argues for the need to adopt common criteria and metrics. Key barriers to the adoption of sustainability initiatives are discussed and a decision framework is presented. Practical implications This research aims to help industry partners understand the drivers motivating institutional investors to uptake sustainability initiatives with the aim of improving decision making, assessment, and management of sustainable commercial office buildings. Originality/value Building on the four generations of the sustainability framework presented by Simons et al. (2001), this research argues that the US real estate market has yet again adjusted its relationship with sustainability and revises their framework to include a new, post-GFC generation for decision making, assessment, and management of sustainable real estate.


2019 ◽  
Vol 19 (2) ◽  
pp. 38-55
Author(s):  
Sebastian Kokot ◽  
Sebastian Gnat

Abstract Research background: The article discusses the issue of the identification and measurement of market characteristics of real estate for valuation purposes. This problem is the most difficult stage of the whole valuation process in terms of both a substantive, methodological and analytical basis. Goal: The aim of the research is to outline and explore on the basis of literature studies as well as developed problems to be solved in the process of mass valuation together with the presentation of an exemplary solution. Methodology: In the theoretical part a hypothetical-deductive method which consists of developing a certain hypothesis and deducing its consequences was applied. The empirical section uses the method of scientific discussion among scientists and practicing valuers and, for the presentation of the results; some graphical methods were used for a statistical analysis. Results: As a result of the conducted research, criteria to be used in identifying and classifying market characteristics for the purposes of valuation were identified and a set of market characteristics of properties was developed along with a method of identifying their states for the purposes of mass valuation. Novelty: The article proves that the problem of the identification and classification of market characteristics of real estate for valuation purposes is extremely important from the point of view of the valuation process and the results obtained as a result of it as well. In addition, for some features, it is proposed to develop special measures such as the plot shape attractiveness ratio. This meets the problem of the objective measurement of market features of real estate. In relation to other features, the legitimacy of the expert approach was pointed out.


2020 ◽  
Vol 11 (3) ◽  
pp. 679-692
Author(s):  
Masahito Toki ◽  
◽  
Elena V. Sychenko ◽  

This article considers the peculiarities of Japanese labour law that differ the most from the traditional Russian approach to labour regulation. The authors sought to fill the information vacuum in Russian legal scholarship dedicated to Japanese law, as well as to examine the unique features of this branch of law. It is impossible to consider, in one article, an exhaustive list of questions about Japanese labour law, which are of interest to researchers. Therefore, the choice of topics for analysis was dictated by two types of considerations: the uniqueness of Japanese regulation and the relevance of the topic to Russian reality. Within the first group, the authors examined the peculiarities of the arrangement, modification, and termination of employment contracts in addition to the features of the wage structure. Also, the practice of exercising the employer’s right to order the employee to stay at home while continuing to pay wages is analysed due to the absence of a clause in Japanese law on the right of the employee to be provided with work. In the second group, the issue of an employment policy for elderly people in Japan was considered as it is relevant for Russia in light of the recent pension reform. The methodological basis of the study was the use of a functional comparative method. The use of this method allowed the authors to ascertain greater flexibility in Japanese labour law regarding changes in working conditions, and a higher degree of labour mobility in comparison to Russia.


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