National Report for the Netherlands

2013 ◽  
Author(s):  
Dennis Faber ◽  
Niels Vermunt
Keyword(s):  
The Netherlands ◽  
Legal Framework ◽  
National Report ◽  
Legal Literature ◽  
Bankruptcy Code

The origin of the current statutory regime dealing with contracts in insolvency dates back to the enactment of the Bankruptcy Code in 1893. The Bankruptcy Code entered into force on 1 September 1896 (and still applies today). Limited changes have subsequently been implemented to improve the statutory treatment of contracts in insolvency. Various proposals submitted in (draft) bills and in legal literature to modernize the existing legal framework have largely been disregarded by the legislator.

National Report for Spain

2012 ◽  
Keyword(s):  
19Th Century ◽  
21St Century ◽  
Legal System ◽  
Satisfactory Result ◽  
Legal Framework ◽  
Civil Code ◽  
Procedural Law ◽  
National Report ◽  
The 19Th Century ◽  
The Eu

The current insolvency legislation is the result of a long and cumbersome evolution. It was approved on 7 July 2003 (Ley 22/2003, the Insolvency Act 2003 (‘IA’)) and came into force on 1 September 2004, putting an end to one of the most embarrassing situations that the Spanish legal system has ever had to endure: coming into the 21st century with an insolvency legislation dating back to the beginning of the 19th century. The previous insolvency system was composed of as many as five different legal instruments: the Commercial Codes (Codigo de Comercio) of 1885 and 1829 (only partially in force) and the Law on Suspension of Payments of 1922 (Ley de Suspension de Pagos), which regulated some procedural aspects and all material aspects of commercial insolvency; the Civil Code of 1889, which regulated the insolvency of the general—non-commercial—debtor; and the Civil Procedural Law, dating from 1881 (Ley de Enjuiciamiento civil ). It can then be said that the insolvency of a large business in a developed European economy (the fifth largest in the EU) had to be solved with laws that dated from two centuries before. The reform has been a relief and it has greatly modernised Spain’s economic legal legal framework. However, this process was neither easy nor did it produce a fully satisfactory result.

Applying ICTs in Juridicial Decision Making by Government Agencies

2011 ◽  
pp. 87-96 ◽  
Author(s):  
M. Groothuis
Keyword(s):  
Decision Making ◽  
The Netherlands ◽  
Expert Systems ◽  
Local Governments ◽  
Electronic Communication ◽  
Legal Framework ◽  
Electronic Government ◽  
Government Agencies ◽  
Human Interference ◽  
Government Organizations

Electronic government is developing throughout Europe. Increasingly, central, regional, and local governments use ICT applications to perform their tasks. In the 1970s and 1980s, computers were mainly used to perform administrative tasks (including word processing). In the 1990s, juridical expert systems were introduced within government organizations: software programs which can solve juridical problems, either without any human interference or with limited human interference, by means of a reasoning mechanism and a “knowledge database” (Groothuis, 2004). Furthermore, government agencies started to use new ICT applications such as the Internet and e-mail to communicate electronically with citizens. This article examines the juridical aspects of automatic decision making and electronic communication by government agencies in The Netherlands and addresses the following questions: 1. What is the legal framework for automatic decision-making by government agencies in The Netherlands? 2. What is the juridical quality of decisions made by expert systems in practice? 3. What is the legal framework for electronic communication between government agencies and citizens in The Netherlands? 4. To what extent does electronic government exist in The Netherlands and what are its prospects for the period 2005-2007?

scholarly journals Challenges for Protected Areas Management in China

2020 ◽  
Vol 12 (15) ◽  
pp. 5879 ◽  
Author(s):  
Miao He ◽  
An Cliquet
Keyword(s):  
Protected Areas ◽  
Legal Framework ◽  
Natural Resources Management ◽  
Protected Area Management ◽  
Chinese Government ◽  
Resources Management ◽  
Guarantee System ◽  
Protected Areas Management ◽  
Legal Literature

Protected areas are widely recognized as a cornerstone of biodiversity and natural resources management and sustainable development. Protected areas are a vital part of securing human prosperity and quality of life. In China, the legal framework for protected area management is scattered around various regulations. In order to better manage protected areas in China, the Chinese government has issued and revised some laws, regulations and policies on protected areas conservation and management. However, protected areas management is still facing some challenges. There is little legal literature on this issue and this paper tries to fill this gap. Firstly, it will briefly introduce the most relevant laws, regulations and policy on protected areas management. Secondly, it will analyze the recent challenges of protected areas management. Thirdly, some possible suggestions on how to better solve the recent challenges on protected areas management in China will be proposed. These suggestions include improving the management system, improving the relevant legislation, promoting public participation and establishing a diversified funding guarantee system.

The legal macroscope: Experimenting with visual legal analytics

2016 ◽  
Vol 16 (4) ◽  
pp. 332-345 ◽  
Author(s):  
Nicola Lettieri ◽  
Antonio Altamura ◽  
Delfina Malandrino
Keyword(s):  
User Satisfaction ◽  
Visual Analytics ◽  
Web Application ◽  
Evaluation Study ◽  
Legal Framework ◽  
Preliminary Evaluation ◽  
Legal Documents ◽  
Making Sense ◽  
Legal Literature ◽  
Different Sources

This work presents Knowlex, a web application designed for visualization, exploration, and analysis of legal documents coming from different sources. Understanding the legal framework relating to a given issue often requires the analysis of complex legal corpora. When a legal professional or a citizen tries to understand how a given phenomenon is disciplined, his attention cannot be limited to a single source of law but has to be directed on the bigger picture resulting from all the legal sources related to the theme under investigation. Knowlex exploits data visualization to support this activity by means of interactive maps making sense out of heterogeneous documents (norms, case law, legal literature, etc.). Starting from a legislative measure (what we define as Root) given as input by the user, the application implements two visual analytics functionalities aiming to offer new insights on the legal corpus under investigation. The first one is an interactive node graph depicting relations and properties of the documents. The second one is a zoomable treemap showing the topics, the evolution, and the dimension of the legal literature settled over the years around the norm of interest. The article gives an overview of the research so far conducted presenting the results of a preliminary evaluation study aiming at evaluating the effectiveness of visualization in supporting legal activities as well as the effectiveness of Knowlex, the usability of the proposed system, and the overall user satisfaction when interacting with its applications.

scholarly journals 12 National Report for the Netherlands

2016 ◽  
Author(s):  
Faber Dennis ◽  
Vermunt Niels
Keyword(s):  
The Netherlands ◽  
National Report ◽  
Participation Rights ◽  
The Law ◽  
Insolvency Proceedings ◽  
Secured Creditors

This chapter discusses the law on creditor claims in the Netherlands. It deals with insolvency claims, administration claims, and non-enforceable claims in turn. Each section covers: the definition and scope of the claim; rules for submission, verification, and satisfaction or admission of claims; ranking of claims; and voting and other participation rights in insolvency proceedings. In essence, holders of insolvency claims (‘insolvency creditors’) are entitled to the liquidation proceeds of the debtor’s insolvency estate after the full discharge of the administration claims. Insolvency creditors (except secured creditors) can only pursue payment by submitting their claims for admission in the proceedings. Administration claims have to be satisfied in priority to insolvency claims and need not be submitted in the claims verification procedure. Holders of such claims (‘administration creditors’) can take recourse against assets comprised in the insolvency estate. Holders of non-enforceable claims can only seek recourse after the insolvency proceedings are terminated (provided that the debtor continues to exist).

Part III Europe, 13 The Valuation of LBT Notes: An Application of Dutch Insolvency Law

2017 ◽  
Author(s):  
Faber Dennis ◽  
Vermunt Niels ◽  
Davies Gareth ◽  
Helmantel Mark
Keyword(s):  
The Netherlands ◽  
Legal Reform ◽  
Economic Aspects ◽  
Insolvency Law ◽  
Lehman Brothers ◽  
Bankruptcy Code

This chapter explores the main issues faced by the Lehman Brothers Treasury Co BV in the Netherlands (LBT) bankruptcy trustees in the valuation of (claims arising from) Notes and Certificates (LBT Notes). Legal and economic aspects of the definitive valuation principles adopted by LBT’s bankruptcy trustees are explained in detail. Although Dutch law applied to the valuation of insolvency claims, some references to foreign valuation regimes is made to illustrate alternative options for the valuation of certain types of insolvency claims or the need for statutory reform. The chapter first provides an overview of the procedure applied by the LBT bankruptcy trustees to establish valuation principles and the role of certain main stakeholders in this process. This chapter also looks at legal and economic aspects of the general valuation regime under the Dutch Bankruptcy Code (Faillissementswet) vis-à-vis the valuation of insolvency claims in the LBT proceedings and concludes with some observations on future legal reform.

Applying ICTs in Juridicial Decision Making by Government Agencies

2011 ◽  
pp. 1503-1514
Author(s):  
Marga Groothuis
Keyword(s):  
Decision Making ◽  
The Netherlands ◽  
Expert Systems ◽  
Local Governments ◽  
Electronic Communication ◽  
Legal Framework ◽  
Electronic Government ◽  
Government Agencies ◽  
Human Interference ◽  
Government Organizations

Electronic government is developing throughout Europe. Increasingly, central, regional, and local governments use ICT applications to perform their tasks. In the 1970s and 1980s, computers were mainly used to perform administrative tasks (including word processing). In the 1990s, juridical expert systems were introduced within government organizations: software programs which can solve juridical problems, either without any human interference or with limited human interference, by means of a reasoning mechanism and a “knowledge database” (Groothuis, 2004). Furthermore, government agencies started to use new ICT applications such as the Internet and e-mail to communicate electronically with citizens. This article examines the juridical aspects of automatic decision making and electronic communication by government agencies in The Netherlands and addresses the following questions: 1. What is the legal framework for automatic decision-making by government agencies in The Netherlands? 2. What is the juridical quality of decisions made by expert systems in practice? 3. What is the legal framework for electronic communication between government agencies and citizens in The Netherlands? 4. To what extent does electronic government exist in The Netherlands and what are its prospects for the period 2005-2007?

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