scholarly journals Legal analysis of mechanisms of influence on debtors

Author(s):  
Olha Kruhlova

This article is dedicated to exploring legal mechanisms that can be used against debtors to satisfy creditors' rights and interests. The purpose of the study is to determine the list of measures aimed at exercising effective influence on the debtor, provided by law, and to formulate criteria for their application. The author draws attention to changes in the current legislation in this area in recent years and stresses the urgency of maintaining discipline in obligations, given the difficult economic situation in the country and the global financial crisis. One of such positive changes should be the establishment of the keeping of the Unified State Register of Debtors in Ukraine, whose functioning makes it possible to identify the debtor's property and impose restrictions on it, prohibit alienation and so on. And all this provides an opportunity to meet the property needs of creditors. For the first time, the study reveals the criteria that should be used to determine the areas of influ-ence for entities with debt to the lender: characteristics of the individual (individual / legal entity, etc.); the area of law that sets the obligation for the debtor (civil / family / commercial law, etc.); the causes of the debt (insolvency / liability of the debtor, etc.); the personal position of the debtor and / or creditor in the situation that has arisen (initiation of debt resolution / restructuring, etc.) The article also analyzes the specifics of choosing measures to influence debtors who have certain statuses. Such a feature exists in particular for an individual, a legal entity, a state-owned enterprise, an alimony debtor, an insolvent debtor, and others.

2020 ◽  
Vol 12 (23) ◽  
pp. 10082 ◽  
Author(s):  
Nikolas Höhnke

The global financial crisis is expected to be of great relevance for social banks’ growth of deposits. However, it is still unclear why depositors choose social banks in general, and how the global financial crisis has affected depositors’ choice of social banks. The present paper thus explores a comprehensive set of reasons for choosing social banks, the individual relevance of reasons, as well as differences before and after the global financial crisis. Data was collected through a survey of five social banks, interviews with nine industry experts, and an online survey with 108 social and 413 conventional depositors. Using content analysis, a multi-level system of reasons for choosing social banks was identified, which refers to the social banks’ “good” and conventional banks’ “evil” characteristics. Based on a frequency analysis of codings per category, reasons with potential superior relevance for depositors’ decision-making were explored. A comparison with reasons for choosing conventional banks imply that depositors’ reasons for choosing social banks differ from those for choosing conventional banks in general. The results also indicate that the global financial crisis might have helped social banks’ growth by attracting new customer target groups, who chose social banks because of conventional banks’ “evil” characteristics.


2021 ◽  
pp. 079160352110532
Author(s):  
Zach Roche

To avoid a ‘tsunami’ of repossessions in the years following the global financial crisis, Ireland reformed its system of debt relief in 2013. For the first time Ireland was to have a state-of-the-art system to help debtors discharge their unpayable liabilities, at odds with the punitive Victorian system of bankruptcy which preceded it. While these changes were touted as ground-breaking and innovative, I demonstrate through original qualitative research with debtors, and the Insolvency Service of Ireland's (ISI's) operators that little has changed. When disaster strikes and debtors fall behind on payments, they are encouraged to undergo a process of soul searching and self-criticism involving reflection on their behaviour and finances. This article explores how this governmentalisation of debt and its relief creates responsible financial subjects fit for the market, simultaneously ensuring the stability of the fragile Irish credit system. The insolvency practitioners who run the service advise that only by confessing their wrongdoing (i.e. irresponsible spending), and making lasting change can they become worthy of debt relief.


2018 ◽  
Vol 64 (2) ◽  
pp. 159-177
Author(s):  
Martin T. Bohl ◽  
Badye Essid ◽  
Pierre L. Siklos

Abstract This paper begins with the observation that short-selling bans spread globally in 2008. We find some evidence that the bans were unsuccessful at least insofar as they did not take into account the global component a short-selling ban which reduced equity returns in about a third of the 17 countries sampled, most notably in some of the major advanced economies. In the individual countries we examine, the bans had relatively little impact. Our results are suggestive as evidence that the bans stemmed further deterioration in stock prices that policy makers sought to avoid, at least in a few economies. JEL classifications: G10, G12 Keywords: Short-selling bans, spillovers, stock markets, dynamic conditional correlations


2021 ◽  
pp. 504-522
Author(s):  
Ian Clark ◽  
Emrah Karakilic

This chapter pursues a holistic inquiry into hedge fund business models. First, the authors ask what sort of political economy context has enabled the flourishing and astonishing expansion of hedge funds. Second, they ask how the individual bodies and collective bodies, such as hedge fund traders and hedge fund firms, form as particular economic subjects within this political economy context. How, in other words, might one think of the socioeconomic and subjective milieu that informs and vindicates the rise of hedge funds as well as their characteristic features? Third, they inquire into how the hedge fund business model survived largely unscathed after the global financial crisis of 2007–2008 whilst the literature acknowledges the former as a driver of the latter.


2020 ◽  
Vol 19 (1) ◽  
pp. 5-12
Author(s):  
Piotr Bolibok

The paper aims to investigate the developments in the household debt-to-GDP ratio across OECD countries over the period 2007–2017 from the standpoint of the individual tendencies in the numerator (household debt) and denominator (GDP) of the ratio, and to identify the groups of countries exhibiting similar patterns in the post-crisis evolution of these variables. The investigation employs a comparative analysis of the average rates of change in household debt and GDP in the sample, as well as k-medians clustering aimed at identifying similarities. The results of the research reveal significant disparities in the development of the household debt-to-GDP ratio across the examined countries in the analysed period driven by the dominant tendencies in its numerator and denominator, which in turn appear to be related to the pre-crisis levels of household sector indebtedness and GDP per capita, as well as the depth of recession that affected each of the particular economies.


2013 ◽  
pp. 152-158 ◽  
Author(s):  
V. Senchagov

Due to Russia’s exit from the global financial crisis, the fiscal policy of withdrawing windfall spending has exhausted its potential. It is important to refocus public finance to the real economy and the expansion of domestic demand. For this goal there is sufficient, but not realized financial potential. The increase in fiscal spending in these areas is unlikely to lead to higher inflation, given its actual trend in the past decade relative to M2 monetary aggregate, but will directly affect the investment component of many underdeveloped sectors, as well as the volume of domestic production and consumer demand.


ALQALAM ◽  
2014 ◽  
Vol 31 (1) ◽  
pp. 187
Author(s):  
Budi Harsanto

The fall of Enron, Lehman Brothers and other major financial institution in the world make researchers conduct various studies about crisis. The research question in this study is, from Islamic economics and business standpoint, why the global financial crisis can happen repeatedly. The purpose is to contribute ideas regarding Islamic viewpoint linked with the global financial crisis. The methodology used is a theoretical-reflective to various article published in academic journals and other intellectual resources with relevant themes. There are lots of analyses on the causes of the crisis. For discussion purposes, the causes divide into two big parts namely ethics and systemic. Ethics contributed to the crisis by greed and moral hazard as a theme that almost always arises in the study of the global financial crisis. Systemic means that the crisis can only be overcome with a major restructuring of the system. Islamic perspective on these two aspect is diametrically different. At ethics side, there is exist direction to obtain blessing in economics and business activities. At systemic side, there is rule of halal and haram and a set of mechanism of economics system such as the concept of ownership that will early prevent the seeds of crisis. Keywords: Islamic economics and business, business ethics, financial crisis 


2014 ◽  
Vol 7 (2) ◽  
pp. 159-167
Author(s):  
Kevin Garlan

This paper analyses the nexus of the global financial crisis and the remittance markets of Mexico and India, along with introducing new and emerging payment technologies that will help facilitate the growth of remittances worldwide. Overall resiliency is found in most markets but some are impacted differently by economic hardship. With that we also explore the area of emerging payment methods and how they can help nations weather this economic strife. Mobile payments are highlighted as one of the priority areas for the future of transferring monetary funds, and we assess their ability to further facilitate global remittances.


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