The Individual Rights of Creditors in the Institutional Proceedings and its Influence on the Institutional Mass and the Creditors ‘Assembly

De Jure ◽  
2019 ◽  
Vol 10 (1) ◽  
Author(s):  
Natalia Andreev ◽  

The publication examines the importance of individual creditors’ rights in insolvency proceedings, which are available to creditors after the opening of insolvency proceedings. The formation of a collective body, the management of the proceedings and the bankruptcy mass, such as the creditors’ meeting, does not put an end to the rights of the individual creditor. The impact of these individual rights is an issue affecting the mechanisms of production management and its completion, which is why it is of interest to all existing insolvency lawyers. Due to the significant volume of individual strikes and their impact on production and bankruptcy, the article only addresses some of them.

2021 ◽  
Vol I (I) ◽  
pp. 177-194
Author(s):  
Piotr Rogoziński

The author discusses the impact of a preventive measure in the form of an order to temporarily vacate premises occupied together with an aggrieved party, imposed upon a person charged with a violent offence committed to the detriment of the cohabiting person, on the exercise of civil-law rights to the premises by the said accused, in particular when the accused is the owner of the premises. The individual rights jointly constituting the property ownership right are analysed in the context of a preventive measure referred to in Article 275a of the Code of Criminal Procedure. The meaning of the notion of “premises” as used in the procedural law in relation to the preventive measure and its relation with the civil law is examined as well. The article also features a summary and conclusions.


Global Jurist ◽  
2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Marcello Gaboardi

Abstract Properly balancing between public and private interests is one of the most significant and complex challenges presented by modern insolvency law. The European Union insolvency law has recently embraced that challenge, by reinforcing the role that private actors, such as creditors and stakeholders, are called upon to play within the context of insolvency proceedings. That approach to insolvency has gradually reduced the impact of public actors, such as judges and public officers, in managing the debtor’s financial difficulties. The individual consent seems to be the new way of facing the debtor’s insolvency. First, this Article examines the role of individual consent in insolvency proceedings in terms of economic efficiency. It focuses on the tendency to favor agreements between the debtor and creditors or the insolvency practitioner in several European legal systems when they increase the likelihood to produce efficient results for both the parties. The second part of this Article focuses on the European Regulation on cross-border insolvency proceedings no. 848/2015. I offer some critical thoughts about the unilateral undertaking under article 36 of the European Regulation. It represents a relevant means of managing the debtor’s cross-border insolvency through an agreement between the insolvency practitioner in the main insolvency proceedings and local creditors in order to avoid the opening of inefficient secondary proceedings.


2021 ◽  
Vol 12 (1) ◽  
pp. 75
Author(s):  
Jaroslava Kádárová ◽  
Michaela Kočišová ◽  
Katarína Teplická ◽  
Alžbeta Suhányiová ◽  
Laura Lachvajderová

Currently, companies are trying to optimize production, even more so as the economic situation is gradually deteriorating in many countries around the world, which is currently caused mainly by the COVID 19 pandemic. A specific type of production is that on production lines, which are individual workplaces where various production and assembly operations take place. The aim of the article is to analyze the impact of the choice of the control method for the production process on the optimization of costs and the process. The subject of the research is the production of fire-fighting throttles on a production line that has three workplaces. The problem of waste on the production line was identified by direct measurements of time consumption at the individual workplaces and by using images of the working day schedule. The article compares three approaches to production line management and waste reduction. The first approach was based on counting the number of finished products on the production line. The second approach analyzed in detail the duration of the individual operations into which the workplaces were divided. In the third approach, a method of balancing workplaces was used, which brought time and cost savings. The achieved results, using different methods of production management, are analyzed in detail, and the conclusions evaluated. The article contributes a comparison of the achieved results of cost optimization through the course of production of fire dampers. The research results were applied in practice. The research used methods of industrial engineering in the field of ergonomics, technical and economic analysis, and production management. Visualization of hourly performances, downtimes and failures, execution of work procedures, Shop Floor Management and many others, are recommended as ways to implement waste elimination when using the methods of industrial engineering.


2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Elaine Celina Afra da Silva Santos

This article analyzes the impact of the culture of cancellation promoted by users of social networks on the exercise of individual rights, more precisely Freedom of Expression. The study presents the analysis of the content inherent to what would be the cancellation, its aspects and practical consequences in the individual sphere of the users. The theme is approached by the deductive method and through doctrinal research. The article intends to answer if there are legal consequences resulting from the use of this resource by users.


Author(s):  
Brynne D. Ovalle ◽  
Rahul Chakraborty

This article has two purposes: (a) to examine the relationship between intercultural power relations and the widespread practice of accent discrimination and (b) to underscore the ramifications of accent discrimination both for the individual and for global society as a whole. First, authors review social theory regarding language and group identity construction, and then go on to integrate more current studies linking accent bias to sociocultural variables. Authors discuss three examples of intercultural accent discrimination in order to illustrate how this link manifests itself in the broader context of international relations (i.e., how accent discrimination is generated in situations of unequal power) and, using a review of current research, assess the consequences of accent discrimination for the individual. Finally, the article highlights the impact that linguistic discrimination is having on linguistic diversity globally, partially using data from the United Nations Educational, Scientific and Cultural Organization (UNESCO) and partially by offering a potential context for interpreting the emergence of practices that seek to reduce or modify speaker accents.


Crisis ◽  
2016 ◽  
Vol 37 (4) ◽  
pp. 265-270 ◽  
Author(s):  
Meshan Lehmann ◽  
Matthew R. Hilimire ◽  
Lawrence H. Yang ◽  
Bruce G. Link ◽  
Jordan E. DeVylder

Abstract. Background: Self-esteem is a major contributor to risk for repeated suicide attempts. Prior research has shown that awareness of stigma is associated with reduced self-esteem among people with mental illness. No prior studies have examined the association between self-esteem and stereotype awareness among individuals with past suicide attempts. Aims: To understand the relationship between stereotype awareness and self-esteem among young adults who have and have not attempted suicide. Method: Computerized surveys were administered to college students (N = 637). Linear regression analyses were used to test associations between self-esteem and stereotype awareness, attempt history, and their interaction. Results: There was a significant stereotype awareness by attempt interaction (β = –.74, p = .006) in the regression analysis. The interaction was explained by a stronger negative association between stereotype awareness and self-esteem among individuals with past suicide attempts (β = –.50, p = .013) compared with those without attempts (β = –.09, p = .037). Conclusion: Stigma is associated with lower self-esteem within this high-functioning sample of young adults with histories of suicide attempts. Alleviating the impact of stigma at the individual (clinical) or community (public health) levels may improve self-esteem among this high-risk population, which could potentially influence subsequent suicide risk.


2014 ◽  
Vol 23 (1) ◽  
pp. 103-124 ◽  
Author(s):  
Daniel Kopasker

Existing research has consistently shown that perceptions of the potential economic consequences of Scottish independence are vital to levels of support for constitutional change. This paper attempts to investigate the mechanism by which expectations of the economic consequences of independence are formed. A hypothesised causal micro-level mechanism is tested that relates constitutional preferences to the existing skill investments of the individual. Evidence is presented that larger skill investments are associated with a greater likelihood of perceiving economic threats from independence. Additionally, greater perceived threat results in lower support for independence. The impact of uncertainty on both positive and negative economic expectations is also examined. While uncertainty has little effect on negative expectations, it significantly reduces the likelihood of those with positive expectations supporting independence. Overall, it appears that a general economy-wide threat is most significant, and it is conjectured that this stems a lack of information on macroeconomic governance credentials.


Author(s):  
Anna Peterson

This book examines the impact that Athenian Old Comedy had on Greek writers of the Imperial era. It is generally acknowledged that Imperial-era Greeks responded to Athenian Old Comedy in one of two ways: either as a treasure trove of Atticisms, or as a genre defined by and repudiated for its aggressive humor. Worthy of further consideration, however, is how both approaches, and particularly the latter one that relegated Old Comedy to the fringes of the literary canon, led authors to engage with the ironic and self-reflexive humor of Aristophanes, Eupolis, and Cratinus. Authors ranging from serious moralizers (Plutarch and Aelius Aristides) to comic writers in their own right (Lucian, Alciphron), to other figures not often associated with Old Comedy (Libanius) adopted aspects of the genre to negotiate power struggles, facilitate literary and sophistic rivalries, and provide a model for autobiographical writing. To varying degrees, these writers wove recognizable features of the genre (e.g., the parabasis, its agonistic language, the stage biographies of the individual poets) into their writings. The image of Old Comedy that emerges from this time is that of a genre in transition. It was, on the one hand, with the exception of Aristophanes’s extant plays, on the verge of being almost completely lost; on the other hand, its reputation and several of its most characteristic elements were being renegotiated and reinvented.


Author(s):  
Benedetta Zavatta

Based on an analysis of the marginal markings and annotations Nietzsche made to the works of Emerson in his personal library, the book offers a philosophical interpretation of the impact on Nietzsche’s thought of his reading of these works, a reading that began when he was a schoolboy and extended to the final years of his conscious life. The many ideas and sources of inspiration that Nietzsche drew from Emerson can be organized in terms of two main lines of thought. The first line leads in the direction of the development of the individual personality, that is, the achievement of critical thinking, moral autonomy, and original self-expression. The second line of thought is the overcoming of individuality: that is to say, the need to transcend one’s own individual—and thus by definition limited—view of the world by continually confronting and engaging with visions different from one’s own and by putting into question and debating one’s own values and certainties. The image of the strong personality that Nietzsche forms thanks to his reading of Emerson ultimately takes on the appearance of a nomadic subject who is continually passing out of themselves—that is to say, abandoning their own positions and convictions—so as to undergo a constant process of evolution. In other words, the formation of the individual personality takes on the form of a regulative ideal: a goal that can never be said to have been definitively and once and for all attained.


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