De Quincey's Cessio Bonorum

PMLA ◽  
1939 ◽  
Vol 54 (2) ◽  
pp. 511-525
Author(s):  
Kenneth Forward

If De Quincey has more than once proclaimed his mastery of the pure theory of political economy, he has also admitted, as in the Confessions, his occasional incapacity for systematic “domestic economy.” The extent of that incapacity is indicated, however, less in what he wrote for publication than in his anxious letters to the publishers who were the sources of his earned income; and Professor Eaton's faithful and judiciously proportioned new biography amply attests the reality of the financial tribulations which perplex that correspondence. But, while Professor Eaton's account of individual actions for debt—protested bills of exchange, homings, arrests, flights into and out of sanctuary—is impressive, if not appalling, the official records of De Quincey's cessio bonorum in 1833, which seem to have been overlooked hitherto, provide a general summation of his desperate financial plight in one of his most difficult years. The story of that action, as I may now piece it together with the assistance of Mr. W. M. Parker of Edinburgh, will show that in 1832 De Quincey actually suffered imprisonment for debt, though very briefly; that, in taking the benefit of a kind of personal bankruptcy procedure peculiar to Scots law, he acknowledged in 1833 a total indebtedness of £617 16s. to some fifty-one creditors; and that in his desperation he was driven to list among the debts due him the “gift” of £300 made to Coleridge in 1807.

2000 ◽  
Vol 29 (1) ◽  
pp. 255-286 ◽  
Author(s):  
Hung‐Jen Wang ◽  
Michelle J. White

Author(s):  
J. Scott Slorach ◽  
Jason Ellis

The partner or sole trader may be made bankrupt if his liabilities exceed his assets or if he has insufficient liquid assets to pay his current liabilities even if the value of his total assets exceeds the value of his total liabilities. The law of bankruptcy is mostly contained in the Enterprise Act (EA) 2002. This chapter discusses the bankruptcy procedure; the trustee in bankruptcy; effect of the bankruptcy order on the bankrupt personally; assets in the bankrupt’s estate; distribution of the bankrupt’s assets; duration of the bankruptcy and discharge of the bankrupt; fast track voluntary arrangement scheme; and individual voluntary arrangement.


Author(s):  
J. Scott Slorach ◽  
Jason Ellis

The partner or sole trader may be made bankrupt if his liabilities exceed his assets or if he has insufficient liquid assets to pay his current liabilities even if the value of his total assets exceeds the value of his total liabilities. The law of bankruptcy is mostly contained in the Enterprise Act (EA) 2002. This chapter discusses the bankruptcy procedure; the trustee in bankruptcy; effect of the bankruptcy order on the bankrupt personally; assets in the bankrupt’s estate; distribution of the bankrupt’s assets; duration of the bankruptcy and discharge of the bankrupt; fast track voluntary arrangement scheme; and individual voluntary arrangement.


1989 ◽  
Vol 31 (1) ◽  
pp. 25-54 ◽  
Author(s):  
Mayfair Mei-Hui Yang

The state apparatus in China today has taken upon itself almost total responsibility for administering the social and economic domain. The welfare and control of the population, the organization of production, planning all social activities, and the distribution of the means of subsistence have become primary concerns of organs of the state. The types of power relationships and their social and symbolic expressions, which have crystallized around the distribution and circulation of desirables in such a political economy, are the subject of the present study. The study will also examine how certain counter-techniques of power deviate from the larger strategy of power exercised through the state socialist political economy, forming pockets of intransigence from within.


1983 ◽  
Vol 17 (2) ◽  
pp. 283-311 ◽  
Author(s):  
Simon Commander

As the universality of political economy has receded before the myriad instances of particular economic rationalities, it has become increasingly clear that most non-capitalist structures are organized around a multi-centric set of dynamics. In this regard one would expect to find that the economic as a category possesses less univocal clarity and its precise sense is only vouchsafed through a cognisance of the broader, integrating set of validating principles. This would be true as much in Mauss's analysis of the Gift as it would be in relation to the dynamics of a feudal economy. In the first instance the transactional medium and symbolic sense of the act contains within it the premises of an entire system, while in the second example the implied free-play of economic indices rests, in reality, on the intervention of extra-economic factors, in this case, the intervention of the seigneury. From the case of one transactional exchange to the dynamics of an entire system, common to both is the reallocation of the category ‘economic’ and its merger with criteria and principles of a wider and more diffuse nature.


2017 ◽  
Vol 1 (3) ◽  
pp. 160-167
Author(s):  
Tatiana Kareva ◽  
Vadim Sonin

The subject of the article is the legal and practical problems of cross-border personal bankruptcyin Russia and China.The main goal of this work is to analyze the major issues and obstacles in recognition andenforcement of Russian individual bankruptcy decisions in China and introduce it to Russianscholars and legal professionals.The methodological basis is analysis of the Russian and Chinese legislation, judicial practiceand special literatureThe results, scope of application. This article discusses the possibility of applying the provisionsof the Federal Law On Insolvency (Bankruptcy) to the Chinese nationals registered asindividual entrepreneurs in Russia. The article also reviews the Chinese legal regulation andoffers recommendations on execution of the court judgments on bankruptcy and collectionof debts from the PRC nationals. Existing Russian legislation allows to recognize the foreignnationals as bankrupts. The provisions on the cross-border insolvency also apply to them.The bankruptcy in China is not applied currently to the individuals, although theoretically itmay affect their property sphere during the bankruptcy of an individual private enterprise.Conclusions. The cross-border insolvency of the Chinese nationals encounters obstacles on threelevels. Firstly, the awards of the Russian arbitration courts have not been practically enforced inPRC due to inadequate notification of the Chinese party in the case. Secondly, Chinese courts inprinciple are extremely reluctant in recognizing foreign judgments on bankruptcy, such cases areexceptional. Thirdly, there is no personal bankruptcy institution in the PRC, while similar procedureslike bankruptcy of individual private enterprises are not applied in reality, and there are nolegislative prospects for the personal bankruptcy in the nearest future. Therefore, when conductingthe bankruptcy procedure for the Chinese nationals on the Russian territory, one can onlycount on their property located on this side of the border.


Business Law ◽  
2021 ◽  
pp. 237-248
Author(s):  
J. Scott Slorach ◽  
Jason Ellis

The partner or sole trader may be made bankrupt if his liabilities exceed his assets or if he has insufficient liquid assets to pay his current liabilities, even if the value of his total assets exceeds the value of his total liabilities. The law of bankruptcy is mostly contained in the Enterprise Act (EA) 2002. This chapter discusses the bankruptcy procedure; the trustee in bankruptcy; effect of the bankruptcy order on the bankrupt personally; assets in the bankrupt’s estate; distribution of the bankrupt’s assets; duration of the bankruptcy and discharge of the bankrupt; fast track voluntary arrangement scheme; and individual voluntary arrangement.


1996 ◽  
Vol 18 (1) ◽  
pp. 133-153 ◽  
Author(s):  
Michel Herland

Are Pierre Leroux, Pierre-Joseph Proudhon and Leon Walras economists? Certainly, but to a different extent. This alphabetical order, which is also that of chronology, seems to be in inverse order of merit—at least in the opinion of Joseph A. Schumpeter, who praised Walras as “the greatest of all economists…as far as pure theory is concerned” (1954, p. 827), but who briefly described Proudhon as someone who defended “results that are no doubt absurd” (ibid., p. 457). Leroux's name does not even appear in Schumpeter's 1954 book, nor in any other history of economic thought. Although the judgment pronounced by a historian on one or another of our three authors may be contested, there seems no reason to call into question the hierarchy implicitly established by Schumpeter. In a certain way the succession: Leroux, Proudhon, Walras, represents and summarizes the development of political economy, beginning with the embryonic stage (which would be represented by Leroux), passing through the disorders of adolescence (Proudhon), and finally arriving at the stage of scientific maturity (Walras).


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