scholarly journals Disputes regarding the remuneration of authorized directors in insolvency proceedings

2021 ◽  
pp. 79-86
Author(s):  
Andrian Paladii ◽  
◽  
Carolina Catan ◽  
Keyword(s):  
Legal Provisions ◽  
Insolvency Proceedings ◽  
The Way

The authorized administrator, regardless of the way he is appointed, fulfills the function of representative of justice, because he represents and defends not only the interests of the debtor and creditors, but, together with the insolvency court, offers the guarantee of compliance with legal provisions and coordinates, supervises and acts in in order to carry out the procedure.

Der Staat als Umsatzsteuergläubiger im Insolvenzverfahren

2021 ◽  
Author(s):  
Felix Mocker
Keyword(s):  
Case Law ◽  
Tax Law ◽  
Insolvency Law ◽  
Definition Of ◽  
Insolvency Proceedings ◽  
The Way

Against the background of recent BFH case law, this dissertation opens up new perspectives on a "classic" of insolvency tax law, the treatment of VAT in insolvency proceedings. The author argues that the difficulties of interlocking VAT law with insolvency law are due to the way in which the VAT liability relationship is structured by the VAT Act. On the basis of numerous examples, various constellations under VAT law are evaluated in terms of insolvency law. For this purpose, the author introduces his own definition of the concept of establishment (Begründetheit) within the meaning of § 38 InsO. As an attorney-at-law, the author is professionally involved in questions of restructuring and insolvency.

scholarly journals Legal Issues Arising from Smart Contracts under the Iraqi Law

2018 ◽  
Vol 4 (4) ◽  
pp. 42
Author(s):  
Ahmed Aziz Hassan
Keyword(s):  
Computer Programs ◽  
Legal Issues ◽  
Formation Mechanisms ◽  
Smart Contracts ◽  
Blockchain Technology ◽  
Legal Provisions ◽  
General Rules ◽  
Computer Codes ◽  
And Performance ◽  
The Way

Smart contracts can be defined as computer codes which are run digitally by computer programs to utilise the negotiation, formation, and performance of an automated and irreversible agreement between the contracting parties. Smart contracts are distinguished from other forms of contracts in terms of the way they are concluded which is through Blockchain Technology. In contrast to conventional contracts established through speech, written words or actions, smart contracts are algorithmic and self-executing agreements. In this article, smart contracts will be discussed from the perspective of their general rules and features and the Iraqi law. This study analyses the formation mechanisms of the general principles in Iraqi law governing the contracts and how these mechanisms can be applied to the new technological framework of smart contracts. In addition, integrating smart contracts into the current legal provisions in Iraq is examined.

scholarly journals Legal Frame of Agricultural Land Succession and Acquisition by Legal Persons in Hungary

2021 ◽  
Vol 16 (30) ◽  
pp. 86-99
Author(s):  
Zsófia Hornyák
Keyword(s):  
Agricultural Land ◽  
Land Acquisition ◽  
Agricultural Lands ◽  
Legal Provisions ◽  
Land Transaction ◽  
The Way ◽  
Inter Vivos

The study presents the way leading to the development of the Hungarian land transaction regulation and the most important points of the new legal provisions. In the analysis, we also touch on the issue of land acquisition by legal persons. The research focused on examining the inheritance of agricultural lands. In the case of the inheritance of land, legal inheritance and inheritance by disposition of property upon death are also mentioned. Inheritance of land by disposition of property upon death is prioritised in the analysis. In addition, the issue of transfer of holding inter vivos is examined.

scholarly journals INSOLVENCY PROCESS PECULIARITIES OF PHYSICAL PERSONS AS A KIND OF RESUMES HOW TO UPGRADE PAYMENT AND RESTRUCTURING OUTSIDE DEBT

2019 ◽  
Vol 3 (84) ◽  
pp. 62
Author(s):  
Inga Eglite
Keyword(s):  
Insolvency Proceeding ◽  
Existing Problems ◽  
Natural Person ◽  
Insolvency Proceedings ◽  
Law Regulation ◽  
The Way

Existing problems in process of insolvency proceedings of a natural person, which are not exactly defined in law regulation, make specification for each insolvency process. Which often make wrong notions about process of the natural person insolvency proceeding. And what should be taken into account, for renewing the natural person solvency in the way that the natural person obligations must be extinguishing.

Der Nachrang von Gesellschafterdarlehen in der Insolvenz bei der Konsortialfinanzierung und der Mehrheit von Gläubigern

2019 ◽  
Author(s):  
Lucas Lengersdorf
Keyword(s):  
Debt Financing ◽  
Legal Provisions ◽  
Shareholder Loans ◽  
Insolvency Proceedings ◽  
Legal Consequences

The German Insolvency Code provides for a general subordination of shareholder loans during insolvency proceedings. In cases where shareholder investors and banks join forces in syndicated debt financing, there is a risk that the whole credit arrangement may be subordinated if insolvency occurs. This work deals with these issues in relation to both the scope and the legal consequences against the background of the relevant legal provisions. The author thereby also presents possible solutions, which may be taken as general guidelines for practitioners.

scholarly journals Procedure for enforcement of judgments regarding minors in the case-law of the Constitutional Court of Romania

2018 ◽  
pp. 73-86
Author(s):  
MARIETA SAFTA ◽  
ELENA-IULIA NISTOR
Keyword(s):  
Case Law ◽  
Best Interests ◽  
Constitutional Court ◽  
Public Attention ◽  
Legal Provisions ◽  
Institutional Solution ◽  
The Way

This study highlights the main criticisms of unconstitutionality that have been introduced so far for the framework regulation applicable to the procedure for the enforcement of judgments regarding minors, the solutions pronounced by the Constitutional Court of Romania and the considerations that were based on, in order to contribute to the awareness of certain issues to which a legal and institutional solution must be found, in order to achieve the desire of the best interests of the child. The existence of the applications based on the legal provisions mentioned, the solutions pronounced by the courts notified, the dysfunctions found, but also bringing to public attention certain situations that revealed the need to give pre-eminence, in the settlement of these cases, the psychological side, not only counselling minors, but also their parents, are elements that may require a rethinking of the procedure for enforcing judgments regarding minors, but also of the way in which these provisions are implemented.

scholarly journals Digital Yuan – currency or policy tool?

AUC IURIDICA ◽  
2021 ◽  
Vol 67 (3) ◽  
pp. 111-127
Author(s):  
Martin Samek ◽  
Martin Vlasta
Keyword(s):  
Central Bank ◽  
Central Banks ◽  
The Political ◽  
Pilot Program ◽  
Fiat Money ◽  
Policy Tool ◽  
Legal Provisions ◽  
The World ◽  
Legal Policies ◽  
The Way

Central bank digital currencies (CBDCs) are Bitcoin-inspired currencies that combine aspects of virtual currencies with FIAT money. Many central banks and countries around the world are thinking about or planning to introduce some form of CBDC. Among them, China is leading the way, being the first country to issue their CBDC (Digital RMB) into circulation, even if it is yet a pilot program only. This article focuses not only on the Digital RMB and its legal implementation but also on the political, historical, and economic circumstances of its birth, which, when talking about anything related to China, is often crucial to understanding the phenomenon more than the legal provisions themselves. The aim is to deepen the understanding of legal policies in China and open a discussion about the Digital RMB.

scholarly journals DO NEW CRIMES NEED NEW LAWS? Legal provisions available for prosecuting human trafficking

2016 ◽  
Author(s):  
Bronwyn Pithey
Keyword(s):  
South Africa ◽  
United Nations ◽  
Human Trafficking ◽  
Law Reform ◽  
Trafficking In Persons ◽  
Legal Provisions ◽  
The United Nations ◽  
The Way

South Africa seems well on the way to creating specialised human trafficking legislation. The country is a signatory to the United Nations Protocol on Trafficking in Persons, and the SA Law Reform Commission is investigating the issue of trafficking. But there are many legal provisions currently available for prosecuting those engaging in this practice. Perhaps a greater challenge for the prosecution is how to identify acts that constitute ‘trafficking in persons’.

scholarly journals GENDER AND LAND DISPOSSESSION IN ZIMBABWE: A CASE OF THE NDEBELE AT ESIGODINI AREA 1893–2003

2016 ◽  
Vol 2 (1) ◽  
pp. 3-14
Author(s):  
Ndakaitei Makwanise ◽  
Mehluli Masuku
Keyword(s):  
Rural Communities ◽  
Oral History ◽  
Ethnic Group ◽  
Land Ownership ◽  
Rigorous Approach ◽  
Land Dispossession ◽  
Legal Provisions ◽  
The Government ◽  
And Gender ◽  
The Way

The Ndebele ethnic group in Zimbabwe has probably experienced more land dispossessions than any other ethnic group stretching from the 1890s with the coming of the whites. Most of this history,unfortunately, is not well documented. Based on an oral history approach, this article focuses on the gendered dimension of land dispossession. It seeks to answer questions such as: do men and women view land ownership and land issues in the same way? Did the land dispossessions, which took place for more than one hundred years in Zimbabwe particularly in the Ndebele ethnic group, affect the way land is viewed gender wise? The article further sought to find out how women have been historically marginalised or emancipated in the community. Given the importance of land in any culture, the article seeks to find out how a shift in the way land is viewed gender wise can improve the lives of many in the Ndebele ethnic group. The research was conducted in Esikhoveni Village in Esigodini, Matabeleland-South. It was based on oral history, targeting the headmen and other elders noted for their wisdom and knowledge of the area. A total of sixteen interviews were conducted using judgemental and snowball strategies. The article reveals that land was considered an important resource in the area. Women had limited opportunities for land ownership in the village. Culture and tradition were still dominant over legal provisions when it comes to land and gender issues. The article recommends a new and more rigorous approach by the government and other stakeholders to change the cultural and traditional perceptions of the rural communities in order to achieve gender balance regarding land ownership and allocation.

Questions Q 57-1 How does the CISG determine the place where payment of the purchase price is to be made? Q 57-2 a) To what extent is Art. 57 CISG a subsidiary rule? Cf. also the corre-sponding provisions from the other legal systems. b) According to the INCOTERM ‘EXW’ (Ex Works (. . . named place)), the seller delivers when it places the goods at the disposal of the buyer at the seller’s premises or another named place (i.e. works, factory, ware-house, etc.). What does that mean in relation to where the buyer has to pay the purchase price? Q 57-3 a) How must we distinguish Art. 57(1)(a) from Art. 57(1)(b) CISG? b) Why is Art. 57(1)(b) CISG of higher practical importance than Art. 57(1)(a)? Q 57-4 What kind of documents are addressed in Art. 57(1)(b) CISG? (Cf. also C 58–1). Q 57-5 a) Does the CISG address the issue of where monetary obligations other than the purchase price are to be paid? b) Which possible solutions are there to this question? c) Compare Art. 57(1) CISG with the corresponding provisions of the UP 2004, PECL, OR, and ABGB. To what extent are they broader than Art. 57(1) CISG? d) The way that the provisions mentioned in c) deal with the place of performance of monetary obligations is plain and simple. How can we make sure that the question is solved in the same way under the CISG? Q 57-6 Compare Art. 57(1) CISG with the other legal provisions. a) Is it commonly acknowledged that the purchase price is paid at the seller’s place of business? b) In particular, are there differences between Art. 57(1) CISG, on the one hand, and the UCC and the French CC, on the other • with regard to the structure of the corresponding provisions? • in substance? Q 57-7 If the seller’s place of business changes after the conclusion of the contract, where is payment to be made

2007 ◽  
pp. 472-472
Keyword(s):  
Practical Importance ◽  
The Other ◽  
Purchase Price ◽  
Legal Systems ◽  
Legal Provisions ◽  
Business Changes ◽  
The One ◽  
The Way
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