scholarly journals Harmonization of European Insolvency Law: Preventing Insolvency Law from Turning against Creditors by Upholding the Debt–Equity Divide

2018 ◽  
Vol 15 (2) ◽  
pp. 403-444 ◽  
Author(s):  
R.J. de Weijs
Keyword(s):  
Potential Problem ◽  
Asset Sales ◽  
Insolvency Law ◽  
Going Concern ◽  
Eu Directive ◽  
Shareholder Loans ◽  
Debt Collection ◽  
The Right ◽  
Asset Sale ◽  
Second Chance

In essence, insolvency law is collective debt collection law. By means of a collective procedure, insolvency law seeks to ensure that the going concern value is captured for the creditors. Where the shareholders possess the dominant voice outside of insolvency, in insolvency creditors take over this position and become the economic owners of the company. In three different settings shareholders can interfere with the insolvency process and try to capture all the value in the company or at least leave the creditors with the liquidation value and usurp the going concern surplus. These three settings are (i) shareholders as secured lenders, (ii) shareholders as acquirers out of pre-packs or other asset sales and (iii) shareholders under composition plans. The proposed EU Directive on Preventive Restructuring Frameworks and Second Chance (November 2016) contains measures in the field of composition plans as part of a preventive restructuring. The proposed directive addresses the potential problem that shareholders would usurp the going concern surplus by introducing the Absolute Priority Rule. The proposed directive should be considered a first step in the right direction. It should, however, be realized that the protection offered in the proposed directive could easily be circumvented by a shareholder financing not with capital but with secured shareholder loans. Also, if pre-pack sales or other sale processes do not limit interference by shareholders, shareholders will prefer the route of an asset sale above a restructuring.

scholarly journals The protection of personal data in the field of judicial cooperation in criminal matters: special reference to Directive (EU) 2016/680 of the European Parliament and of the Council

2019 ◽  
Vol 5 (2) ◽  
pp. 92-102
Author(s):  
Maria Belén Sánchez Domingo
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Personal Data ◽  
Fundamental Rights ◽  
Public Security ◽  
Judicial Cooperation ◽  
Eu Directive ◽  
The Right ◽  
High Level ◽  
Criminal Matters

The new European framework for the protection of personal data on freedom, security and justice is embodied, among other instruments, in EU Directive 2016/680 on the protection of natural persons with regards to the processing of personal data by competent authorities for criminal law purposes. This Directive protects fundamental rights, such as the right to the protection of personal data, as well as ensuring a high level of public security by facilitating the exchange of personal data between competent authorities within the Union, with the establishment of a legal system on the transfer of personal data.

PROTECTION OF CREDITORS IN THE EXECUTION FIDUCIARY GUARANTEE KENDARAAN MOTOR CREDIT

2015 ◽  
Vol 1 (1) ◽  
pp. 62-75
Author(s):  
Nurwati SH., MH.
Keyword(s):  
Moving Objects ◽  
Legal Aspects ◽  
The Other ◽  
Legal Evidence ◽  
Other Hand ◽  
Credit Guarantees ◽  
Legal Security ◽  
Debt Collection ◽  
The Right ◽  
Direct Execution

ABSTRACTFiduciary security is legal security over on moving objects both tangible and intangible, and building or a house on the land belong to someone else, either registered or not, which cannot be burdened with mortgage rights that keep in control of the fiduciary as collateral of debt repayment. If debtor as Fiduciary giver to be insolvent, so the creditor is entitled to have the fiduciary mentioned. For repayment of the debtor and the creditor in this case is called the right separatists.  There are many direct execution in banking practice about the object credit that are not perfect bound of guarantees or not through the insurance agency. Execution is doing by creditors, which debtor accompanied or not, or the object credit guarantees owner. Execution is done by regular sales or through creditor takeover.  Protection of creditors interest doing by giving legal aspects of registration precedes rights while providing executorial title for the fiduciary receivers benefit, on the other hand, the registration arrangements for certain objects that are not listed cause haziness opportunities of law implementation if it isnot done by carefully and clearly. To protect creditors interests, at the time of the debtor defaults, so that creditors as apreferential rights receiver in debt collection and as legal evidence, so warehouse receipts guarantee that the debtor should be given the imposition of bail.Key: Execution, Fiduciary, Creditors, Debtors

Privacy and the Internet

2016 ◽  
Keyword(s):  
The Internet ◽  
Eu Directive ◽  
The Right To Know ◽  
The Us ◽  
Legal Constraints ◽  
Government Surveillance ◽  
Online Traffic ◽  
The Right ◽  
Power Needs ◽  
The Impact

Chapter 14 deals with privacy, surveillance, and the right to know in the context of the internet. Edward Snowden’s disclosures of thousands of classified documents from the US National Security Agency served as a wake-up call. People are beginning to realize that government surveillance is widespread and intrusive, and that this intrusive power needs to be subject to legal safeguards. The chapter considers the legal constraints governing UK legislation and the impact of the decision in the Digital Rights Ireland case that EU Directive 2006/24/EC, which provided for the mass retention and disclosure of individuals’ online traffic data, is invalid. It considers the recent English cases and concludes by examining the framework which has been suggested for regulating the turbulent digital age in which we now live, drawing on David Anderson QC’s report ‘A Question of Trust’ and the European Court’s decision in the Google Spain case.

Krisen im Aufschwung

2019 ◽  
Keyword(s):  
Employment Law ◽  
Large Firms ◽  
Insolvency Law ◽  
Mass Generation ◽  
Relative Significance ◽  
Business Consultants ◽  
The Right ◽  
Company Insolvency

The figures for company insolvencies continue to decline: 9,900 cases in the first half of 2018 compared to 10,250 cases in the same period the previous year. However, the relative significance of insolvencies is increasing. The number of employees affected by them is around 20 per cent, while the commercial losses of 17 million euros caused by them in 2015 rose to 30 million in 2017. This is because middle-sized and large firms are increasingly among the companies going bankrupt, which is resulting in growing legal complexities. At a symposium entitled ‘Krisen im Aufschwung’ (An Upswing in Crises), speakers and participants discussed company insolvency law, insolvency employment law, mass generation and compliance especially, along with industrial constitution law and the right of appeal. This anthology offers in-depth access to these and other important issues relating to insolvency law and employment law in practice, and will not only appeal to academics but also to lawyers, business consultants, insolvency administrators and judges in particular.

Isomerism or heterotaxy: which term leads to better understanding?

2015 ◽  
Vol 25 (6) ◽  
pp. 1037-1043 ◽  
Author(s):  
Rohit S. Loomba ◽  
Anthony M. Hlavacek ◽  
Diane E. Spicer ◽  
Robert H. Anderson
Keyword(s):  
Clinical Setting ◽  
Potential Problem ◽  
The Body ◽  
Paediatric Cardiology ◽  
Inappropriate Use ◽  
The Right

AbstractUse of correct nomenclature is important in all aspects of medicine. Many of the controversies that have bedeviled paediatric cardiology have devolved from the inappropriate use of words to describe the lesions to be found when the heart is congenitally abnormal. A continuing area of disagreement is the situation currently described by many as representing “heterotaxy”. When used literally, this word means any departure from the normal. Thus, all congenitally malformed hearts represent examples of heterotaxy. By convention, nonetheless, the term is used to describe the arrangement in which the bodily organs, including parts of the heart, are not in their usual or in their mirror-imaged patterns. The arrangements, therefore, represent the presence of the organs on the right and left sides of the body being mirror imaged, in other words isomeric; however, not all the organs are uniformly isomeric. In this review, we show that, when assessed on the basis of the morphology of the atrial appendages, specifically the extent of the pectinate muscles relative to the atrioventricular junctions, isomerism is an unequivocal finding within the heart. Only the atrial appendages, however, are truly isomeric. The potential problem of disharmony between the various systems of organs is resolved simply by accounting specifically for each of the systems. On these bases, we suggest that the isomeric arrangements can now readily be diagnosed in the clinical setting, and differentiated into their right and left isomeric variants. We propose that such distinctions will provide the key for establishing the genetic cues responsible for the formation of the isomeric as opposed to the lateralised arrangements.

scholarly journals European Works Councils Experiences

2012 ◽  
Vol 14 (4) ◽  
pp. 65-80
Author(s):  
Katarzyna Skorupińska
Keyword(s):  
Industrial Relations ◽  
Employee Participation ◽  
European Level ◽  
Works Councils ◽  
Eu Directive ◽  
15Th Anniversary ◽  
Right To Information ◽  
The Right ◽  
Transnational Company

In September, 2011 there was 15th anniversary of the implementation of the first EU directive creating European Works Councils (EWCs). This is also the year when the new version of the directive was put in force, i.e. Directive 2009/38/EC. EWCs are a form of indirect employee participation on European level which guarantees workers the right to information and consultation. The employees’ representatives of all undertakings of transnational company were given the opportunity to voice their opinion about the decisions to be made by central management of the company. In this article three major topics are discussed: the role of European Works Councils in EU countries, the range of these institutions of employee participation on European level and changes in EWCs’ functioning introduced by the new EWC directive. The main aim of the paper is to present diverse patterns of these institutions as well as to attempt the evaluation of EWCs effectiveness and their influence on the system of industrial relations in Europe.

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