scholarly journals Podstawowe zasady postępowań restrukturyzacyjnych

2019 ◽  
Vol 16 (2) ◽  
pp. 115-130
Author(s):  
Jonasz Kita

The restructuring law in force in Poland for two years is still a young branch of law, mainly based on bankruptcy law, which is referred to by the judiciary and doctrine. However, despite the many similarities that combine somehow the two legal acts, i.e. the restructuring law and the bankruptcy law, one should point to some differences already existing at the foundation of these legal acts, i.e. the principles on which they were based. These principles constituted the basis for legislative work, as well as now constitute the main interpretation of the restructuring law. The main purpose of restructuring proceedings is to preserve the debtor’s enterprise, which, as a consequence, generates a lot of positive effects, in this that it helps to achieve the second of the prime objectives of the proceeding, i.e. to satisfy the debtor’s creditors. Other important measures that are supposed to be a consequence of the application of regulations based on the principles described in this article are also those affecting the awareness and mentality of entrepreneurs, among whom there is still a widespread belief that filing for bankruptcy involves bankruptcy, the inability to recover their debts, which causes frequent lack of willingness to take active actions on the part of creditors. Restricting the restructuring law on the described principles is to provide multiple benefits – ensure the debtor’s further existence, satisfy the creditors and maintain stability in the economic market.  


2014 ◽  
Vol 52 (4) ◽  
pp. 993-1074 ◽  
Author(s):  
Paul Beaudry ◽  
Franck Portier

There is a widespread belief that changes in expectations may be an important independent driver of economic fluctuations. The news view of business cycles offers a formalization of this perspective. In this paper we discuss mechanisms by which changes in agents' information, due to the arrival of news, can cause business cycle fluctuations driven by expectational change, and we review the empirical evidence aimed at evaluating their relevance. In particular, we highlight how the literature on news and business cycles offers a coherent way of thinking about aggregate fluctuations, while at the same time we emphasize the many challenges that must be addressed before a proper assessment of the role of news in business cycles can be established. (JEL D83, D84, E13, E32, O33)



2006 ◽  
Vol 6 (4) ◽  
pp. 461-502 ◽  
Author(s):  
Claus Kreß

AbstractThe article sets out the nature, the history and the general structure of the crime of genocide and provides a comprehensive analytical commentary of the elements of the crime. Against the current trend of the international case law to expand the boundaries of the definition at the risk of the crime's trivialization this article develops a strict construction even if the results may appear politically unattractive. The article starts from the premise that, for all practical purposes, the occurrence of a crime of genocide entails a collective destructive act. This collective act forms the objective point of reference of the required intent to destroy a protected group in whole or in part; the vain hope of an individual to contribute, by way of commission of one of the underlying offences, to the destruction of a group falls short of this concept of a realistic genocidal intent. The article rejects a purely subjective definition of the various categories of protected groups and cautions against the conversion of the crime of genocide into an unspecific crime of massive human rights violations based on discriminatory motive. At the same time, it is submitted that not every campaign of so-called "ethnical cleansing" is to be considered as the infliction on the group of conditions of life calculated to bring about its physical destruction in whole or in part. Regarding the mental elements of the crime it is held that, contrary to a widespread belief, it is the interpretation of the terms "destroy" and above all "part" (of a group) that determines the general scope of the crime to a much greater extent than the construction of the word "intent". The predominant narrow interpretation of the word "destroy" in its physical and biological meaning is supported while it is noted that the most recent ICTY case law reveals an inclination of re-introducing the concept of social group destruction through the backdoor of the words "in part". The extension of those words to comparatively small regional communities is probably the most conspicuous aspect of the general trend to over-expand the crime's definition. Conversely, the reference to the particularly heinous character of genocide is not good enough an argument to accept the many flaws of the prevailing purpose-based approach to the word "intent". The article suggests instead that the word "intent" means that the perpetrator commits the prohibited act with the knowledge to further thereby a campaign targeting members of a protected group with the realistic goal of destroying that group in whole or in part.



2020 ◽  
pp. 1-20
Author(s):  
Yitzchak Y. Jaffe ◽  
Lorenzo Castellano ◽  
Gideon Shelach-Lavi ◽  
Roderick B. Campbell

Abstract Issues surrounding the difficult task of correlating archaeological and climatic trajectories are directly impacting the study of human-environmental interaction in Ancient China. We have chosen to focus on the 4.2 ka BP event due to the widespread belief in recent Chinese archaeological publications that it brought about the collapse of Neolithic cultures in multiple regions of China. Following a literature review concerning the many issues surrounding the reconstruction of the 4.2 ka BP event in East Asia, we present three short case studies from the Lower Yangzi, the Shaanxi loess plateau, and the Central Plains detailing a number of problems with Chinese archaeological attempts at using climate change as a causal mechanism for sociopolitical change. We then focus on a common but highly problematic methodology—the growing use of archaeological data compiled in the Atlas of Chinese Cultural Relics to correlate with climate proxies in order to generate linear, causal models explaining sociopolitical collapse. We follow with an example from Northeast China, where work from the past three decades has provided ample data with which to begin answering these questions in a more productive manner, and end with a set of suggestions for archaeologists and climate scientists going forward.



PLoS ONE ◽  
2020 ◽  
Vol 15 (11) ◽  
pp. e0242313
Author(s):  
Fernando Pedraza ◽  
Diego García-Meza ◽  
Hugo Tovar ◽  
Carlos Martorell

Facilitation by tussocks is common in high-altitude tropical environments. It is thought that facilitation results from stress amelioration, but it is unclear which of the many stressors acting in these environments is ameliorated. We aimed at determining the relative importance of different stressors as drivers of facilitation by the tussock Festuca tolucensis in Mexico. We employed eight experimental treatments to manipulate five stressors in the field: minimum temperatures by using electric radiators that kept plants warm; maximum temperatures by means of reflective sand that precluded temperature build-up during the day; UV radiation by using screens opaque to UV; poor soil properties by comparing soils from beneath tussocks and from bare ground; and low water availability by adding vermiculite to the soil. The performance (survival and growth) of Mexerion sarmentosum (a plant usually associated with Festuca) in these treatments was compared to that recorded under tussocks and in bare ground. Amelioration of extreme temperatures had the largest positive effects on Mexerion survival. UV radiation and increased soil humidity did not affect survival, although humidity increased growth rates. Nevertheless, tussocks reduced the growth of Mexerion, which is consistent with observations of competition between plants and soil microorganisms favoured by tussocks. Our results highlight the importance of the extreme daily fluctuations in temperature that characterise tropical mountains as fundamental drivers of their dynamics.



EL LE ◽  
2020 ◽  
Author(s):  
Luciana Forti

In this article we outline the results of an evaluation of Data-driven learning (DDL) effects in relation to the development of Italian L2 phraseological competence. We do this on the basis on empirical data, by combining an external and objective perspective based on data elicited through a competence test, and an internal and subjective perspective based on data elicited through a student questionnaire. In the first case we refer to etic data, while in the second case we refer to emic data. Overall, the results indicate mild positive effects in terms of etic data, but stronger positive effects in terms of emic data. The article concludes by stressing the importance of combining two perspectives such as the ones adopted in this study, in order to be able to observe some of the many different aspects of educational effectiveness within a single, integrated framework.



2020 ◽  
Vol 10 (2) ◽  
pp. 165
Author(s):  
I Komang Yuni Arta

<em>Humans are one of the tangible proofs of existence in the universe whose life holds many mysteries that are  very interesting objects of curiosity. Human life which is a perfect relation   of two dimensions of life, is called sekala or material world and niskala or transcendent world becomes a space of inquiry to create a balanced life physically and spiritually. The many problems experienced by humans make meditation a very powerful technique in understanding human life materially and spiritually. In various scientific studies it has been found that meditation can help a person to revitalize his life both biologically and mentally. This practice becomes moderate between a person’s mind and body, which when a person’s mind is in a positive or negative state, will directly affect its biological aspects. Meditation in this case acts as a mind body medicine that creates a placebo effect that is able to provide a variety of positive effects on a person’s life through mechanisms that will change his perception and beliefs. Therefore, meditation as mind body medicine is a very important practice to be carried out to create a healthy mind, mental and physical for a healthy and harmonious life.</em>



2010 ◽  
Vol 5 (1) ◽  
pp. 90-97 ◽  
Author(s):  
Go Urakawa ◽  
◽  
Haruo Hayashi ◽  

We are exposed to various kinds of Multi-hazards due to natural disasters, terrorist attacks and epidemic’s outbreak. In any of these crises, national and local governments must take in managing emergency responses effectively. Though one of the many measures is to build information systems against disaster, these systems are tools for estimating post disaster damage. This effort is not, however, implemented either well or effectively in most cases. Our research team had supported local governments using GIS in cases such as the 2004 Niigata-ken Chuetsu Earthquake, the 2007 Noto Hanto Earthquake, and the 2007 Niigataken Chuetsuoki Earthquake. Through these experiences, we reconfirmed the positive effects of location information and GIS. We also reconfirmed the need for both implementation speed and flexible use in their implementation. This paper describes how we built inexpensive integrated GIS for local governments to implement in emergency response andmanagement from experiences and knowledge on disaster affected area.



1913 ◽  
Vol 5 (4) ◽  
pp. 424-428
Author(s):  
J. S. Jones ◽  
C. W. Colver

Expression is frequently given to an apparently widespread belief that irrigated in comparison with non-irrigated fruits are flat in taste and less resistant to the various agencies which effect decay. In support of that belief this statement in substance is almost invariably advanced: “The irrigated fruits contain abnormally high percentages of water and consequently low percentages of solid or dry matter; they are, therefore, deficient in the particular compounds upon which taste and body or solidity of structure depend.” We do not presume to say that from analyses alone can the many questions relating to quality in fruits be definitely settled, but since those alleged characteristics of irrigated fruits are charged by this statement to radical deficiencies in certain compounds, it would seem that analytical data would be of material service in the settlement of questions relating to quality. This view of the matter and the fact that here in the north-west, in both the irrigated and the non-irrigated sections, the hardy fruits are grown extensively and shipped to distant markets induced us to undertake some two years ago extensive analyses of fruits grown with and without irrigation. We wish to report here in summarised form the results of that work on the apple; for it, in point of commercial importance, stands pre-eminent among all other fruits grown in the north-west.



2021 ◽  
Vol 92 ◽  
pp. 07022
Author(s):  
Mushfig Guliyev ◽  
Khatira Huseynova

Research background: The disappointing economic results of the global economic crises, which brought macroeconomic instability, increasing inequality, are often understood as results of globalization. In this article, besides the positive effects, the many unavoidable negative impacts of globalization on the South Caucasus and Central Asia region are discussed. It is shown that responsibility for the economic crisis is not entirely globalization but a combination of the raw material based economy, together with incorrect trade policy. In this article, an alternative view of globalization is offered, including diversification policy challenges. It also explores the main tools of dissemination of globalization, which has created many new opportunities for business in the region. Purpose of the article: The aim is to find out to what extent the countries are involved in international integration, comparative analysis transformative impacts of globalization. Methods: The methods of comparative analysis and systematization of scientific approaches were employed. The research contains an analysis of the region’s position in the international trade and investment. Findings & Value added: The region has to concentrate on a new picture of the multipolar world. In the region countries, the processes of globalization were accelerated after the countries became a member of WTO, ADB and integration into the international relations. The findings in general correspond with the trends in emerging markets that the process of globalization is gradually turning into functional mechanism of competitiveness, but there are some differences. The impacts of globalization process are progressively increasing, also there are new unforeseen impacts evolving.



2021 ◽  
pp. 215-222
Author(s):  
Michelle Larose-Kuzenko

The professional literature and research conclude that new technologies produce either similar or superior results to conventional classroom instruction, arguably because technology has positive effects on students’ attitudes towards learning and gives students more control over their learning. Teacher-librarians, as information specialists, facilitate the student’s gathering and understanding of information from all available sources, including electronic. The use of multimedia authoring as a forum for reporting follows logically. Teacher-librarians, as technology coordinators, can facilitate the many aspects of a multimedia project—working with various-sized groups, deciding on the best use of resources, planning with classroom teachers, timelines, and handling challenges.



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