scholarly journals La deuda de intereses en el derecho de la navegación marítima y aérea. / Interest debt in the law of maritime and air navigation

2021 ◽  
Vol 7 (7) ◽  
pp. 49-61
Author(s):  
Domingo Jerónimo Viale Lescano ◽  
Guillermo Ford Ferrer

En la primera parte: la ley de la navegación (20.094), nos referimos a los intereses del crédito naval, comenzando por el orden de los privilegios en el crédito naval, analizando los privilegios marítimos y la ley de concursos, así como los privilegios marítimos y el código civil y comercial. Luego señalamos que, como un rasgo atípico de los privilegios navales, comparados con el resto de los establecidos en el ordenamiento jurídico argentino, los intereses debidos por un (1) año gozan del mismo grado de privilegio que el capital (art. 474). Revisamos los privilegios sobre el buque, y destacamos cuáles son los créditos privilegiados. Pasamos luego revista a los intereses en la hipoteca naval, estudiando el contenido del instrumento de constitución de hipoteca. a continuación, nos detenemos en la determinación de la tasa de interés, para seguir con el embargo de buques, analizando lo que se refiere al buque con bandera nacional, donde señalamos que el embargo abarcará el importe de los intereses y la fianza. Tratamos luego el concurso especial de acreedores sobre un buque. En la segunda parte nos referimos al código aeronáutico, comenzando por la hipoteca aeronáutica, y siguiendo por los intereses, conforme al art. 767 del CCCN. ABSTRACT: In the first part: the law of navigation (20.094), we refer to the interests of the naval credit, starting with the order of privileges in the naval credit, analyzing the maritime privileges and the law of competitions, as well as maritime liens and the civil and commercial code. We then point out that, as an atypical feature of naval privileges, compared with the rest of those established in the argentine legal system, the interests due for one (1) year enjoy the same degree of privilege as capital (art. 474). We review the privileges on the ship, and highlight which are the privileged credits. we then review the interests in the naval mortgage, studying the content of the instrument of constitution of mortgage. Then we stop in the determination of the interest rate, to continue with the arrest of ships, analyzing what refers to the ship with national flag, where we point out that the arrest will cover the amount of the interest and the bond. We then discussed the special arrangement of creditors on a ship. In the second part we refer to the aeronautical code, starting with the aeronautical mortgage, and continuing with the interests, according to art. 767 of the CCCN.

2020 ◽  
Vol 22 (1) ◽  
pp. 33-60
Author(s):  
Danae Azaria

Abstract Although it is widely accepted that the pronouncements of expert treaty bodies are not binding, this does not mean that they are deprived of any effect in law. This study focuses on their legal effects vis-à-vis the interpretation of treaties, and explores how the International Court of Justice and the International Law Commission have dealt with the pronouncements of expert treaty bodies in relation to the interpretation of treaties. The tale about the Court’s and the Commission’s approaches in this respect demonstrates the profound belief of both the Court and the Commission that international law is a legal system, which calls for reliance on the pronouncements of expert treaty bodies as integral actors within the legal system with some ‘authority’ concerning the determination of the law (within their mandate). This does not mean that the Court and the Commission support a ‘blind reliance’ on such pronouncements; rather the quality of each pronouncement is a criterion for relying on it. The reasoning of the Court and (and implicitly of) the Commission also shows that they consider that international law as a legal system, which necessitates ‘legal consistency’. This in turn suggests that the reliance on pronouncements of expert treaty bodies, which are mandated to supervise the application (and interpretation) of particular treaties, may constitute an exercise of ‘systemic integration’ which exceeds the confines of the rule set forth in Article 31(3)(c) of the Vienna Convention on the Law of Treaties.


1994 ◽  
Vol 16 (2) ◽  
pp. 202-228 ◽  
Author(s):  
Paul A. Samuelson

Positive Theory of Capital (1889) is a classic which contains Eugen von Böhm-Bawerk's 1889 correct vision of how the interest rate might be determined by the interplay of systematic time preference (“impatience”) and time-phased technology's productivity. But he was not quite able to formulate his intuitive vision in terms that would satisfy today's persnickety jury of theorists. And indeed the classic Rate of Interest (1907) by his younger contemporary, Irving Fisher, seemed to be disagreeing with Böhm-Bawerk's treatment of time's net productivity; but, as Fisher was unable to make clear until 1930, he was objecting only to Böhm-Bawerk's formulation of the role of productivity in interest determination. In point of fact, Fisher, who was so long identified (wrongly, but understandably) as an “impatience theorist,” considered his own main contribution to interest theory to be his clarification of how the technological superiority of time-consuming processes cooperated in the determination of the equilibrium interest rate.


Author(s):  
Pega Saputra

<p><em>This study describes the influence of SBI interest rate on the rupiah at Bank Indonesia studies. The method in this research is descriptive method with quantitative approach. Determination of the sample is based on time series data 2009-2015 period by using saturation sampling methods as many as 84 samples. This research was conducted at Bank Indonesia has the sole purpose of achieving and maintaining stability in the rupiah. This study uses simple linear regression analysis which includes the classical assumption and hypothesis testing in the form of the coefficient of determination (r</em><em>2</em><em>) and the partial test (t test). The results showed that the interest rate significantly influence the exchange rate. that the null hypothesis is rejected and the alternative hypothesis is accepted.</em></p>


Author(s):  
Christian Gollier

This chapter presents the simple two-period model that is used in classical economics textbooks to examine the problem of consumption, saving, and investment in a competitive economy. This model is a reminder of the key role of the interest rate for the determination of economic growth. Its equilibrium level balances the demand and the supply of liquidity, which are themselves characterized by time preferences and investment opportunities. From a simple arbitrage argument, any new investment opportunity in the economy should be evaluated by using the interest rate as the rate at which the future benefits of the project should be discounted.


2018 ◽  
Vol 40 (1) ◽  
pp. 41-56 ◽  
Author(s):  
Andrea Imperia ◽  
Vincenzo Maffeo ◽  
Fabio Ravagnani

In this paper we examine the criticism that Knut Wicksell advanced against Léon Walras’s treatment of capital and interest at the end of the nineteenth century, as well as the views of two distinguished followers of Walras concerning the points raised by the Swedish economist. As regards the first aspect, it should be noted that the criticism put forward by Wicksell at that time refers to the earlier editions of the Éléments, in which circulating capital is excluded from the analysis. We thus endeavor to clarify Wicksell’s remarks on the consequences of that exclusion for both the representation of the social production process and the determination of the interest rate. As to the second aspect, our discussion indicates that the appropriate way of treating the capitalistic element of production was an unsettled issue within the small circle of Walras’s followers at the end of the nineteenth century.


Author(s):  
Melinda Puspita Ayu Kirana

<p><em>This study describes the influence of SBI interest rate on the rupiah at Bank Indonesia studies. The method in this research is descriptive method with quantitative approach. Determination of the sample is based on time series data 2009-2015 period by using saturation sampling methods as many as 84 samples. This research was conducted at Bank Indonesia has the sole purpose of achieving and maintaining stability in the rupiah. This study uses simple linear regression analysis which includes the classical assumption and hypothesis testing in the form of the coefficient of determination (r</em><em>2</em><em>) and the partial test (t test). The results showed that the interest rate significantly influence the exchange rate. This is shown by the results of the t test T_hitung amounted to 9.745, while T_ (table) amounted to</em></p><p><em>1,989. This means T_ (count) <span style="text-decoration: underline;">&gt;</span> T_tabel (9.745 <span style="text-decoration: underline;">&gt;</span> 1.989) it can be concluded that the null hypothesis is rejected and the alternative hypothesis is accepted.</em></p>


2021 ◽  
Vol 5 (S4) ◽  
Author(s):  
Engrina Fauzi ◽  
Busyra Azheri ◽  
M. Hasbi ◽  
Nani Mulyati

There is a legal vacuum regarding determining loan interest rates in Article 17 paragraph (1) POJK No. 77/01/2016 concerning Information Technology-Based Lending and Borrowing Services (ITBLBS). With this legal vacuum, O.J.K. has given the authority to AFPI to self-regulate the determination of loan interest rates at ITBLBS. With authority as an S.R.O. ( Self Regulating Organization ) institution owned by the Indonesian Joint Funding Fintech Association (IJFFA). The method used is normative legal research by analyzing primary, secondary, and tertiary legal materials related to the research title. The interest rate in the code of conduct that IFFFA determines as the principle of operation in ITBLBS directly affects the inflation rate. However, Bank Indonesia, as the institution authorized and responsible for targeting inflation in terms of controlling interest rates circulating in the fintech market, is not given any authority based on Article 17 POJK N0. 77 of 2016. This is in contrast to the inflation targeting objective, which is the authority of B.I. It can be concluded that the determination of interest rates in the existing ITBLBS is normatively out of sync between the objectives of the legislation and the objectives of the IJFFA code of conduct.


Author(s):  
Tatiana Mikhailovna Balmatova

The XXI century, marked by numerous achievements in various fields, became the time of systematic arrangement of not only cante flamenco, but the law enforcement agencies and procedures in Spain as well. These phenomena, which at first glance have no common ground, appear to be inextricably entwined, since in the folklore of Southern Spain are often mentioned the committed crimes and the imposed punishments. The object of this research is the coplas of cante flamencto that contain information about crimes against ethnic groups, prison conditions, family visits procedure, death penalty, correctional labor, physical punishment and other aspects of being in the penitentiary institutions of that time and interaction with the judicial and legal system. The subject of this research is the law enforcement and penitentiary practices in Spain of the XIX centuries. The texts of cante flamenco have not been translated into the Russian language; only some of them drew the attention of domestic researchers, which defines the relevance of conducting interdisciplinary research dedicated to the historical records on the judiciary, prisons and law enforcement practice in Spain of the XIX century, which were contained in coplas of cante flamenco. The goal of this article lies in determination of peculiarities of delivering information related to crimes and punishments in coplas of cante flamencto, and its correspondence to the historical realities of that time. The research is based on the cante flamento colletcions&nbsp;of A. Machado-Alvarez and M. Balmaceda published in 1881. It is established that the lyrics of flamenco songs accurately reflect the difficulties and flaws in various aspects of functionality of the judicial and legal system and penitentiary institutions during their integration into the state system.


1993 ◽  
Vol 4 (1) ◽  
pp. 120-139
Author(s):  
Penelope N. Neal

This paper examines two issues pertinent to the effective implementation of monetary policy: firstly, the ability of the monetary authorities to control interest rates and secondly, whether interest rates have exhibited a leading, relationship with economic activity since deregulation of the financial markets. If expenditures are unresponsive to changes in interest rates it is shown that the monetary authorities have the ability to determine the interest rate but if the authorities attempt to push interest rates into regions in which expenditures become interest rate elastic, a role for liquidity preference in determination of the interest rate is restored. This limits the effects of discretionary monetary policy to the short-term. Previous empirical studies, graphs and correlation coefficients indicate only limited evidence for a negative association between interest rates and changes in economic activity whereas Granger causality tests indicate that predictable relationships between interest rates and economic activity have existed in Australia for the period in which financial markets have been deregulated.


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