scholarly journals Protection of rights of secured creditors in the bankruptcy debtor assets sales procedure

2021 ◽  
Vol 69 (6-7) ◽  
pp. 369-384
Author(s):  
Ivana Maraš ◽  
Vladimir Kozar
Keyword(s):  
Asset Sales ◽  
The Real Estate ◽  
Judicial Practice ◽  
The Subject ◽  
The Republic ◽  
The One ◽  
The Right ◽  
The Impact ◽  
Real Assets ◽  
Secured Creditors

Securing claims by way of real assets such as mortgage or chattel mortgage has great significance for the operation of banks and other economic entities. Opening bankruptcy proceedings over the owner of the real estate under mortgage or movable property under chattel mortgage has a significant impact on the process of exercising rights and the position of secured creditors. Bankruptcy framework in the Republic of Serbia limits their rights on the one hand, and provides extensive guarantees, on the other, by prescribing several specific institutes that additionally protect the rights of secured creditors in the procedures of bankruptcy debtor asset sales, which is the topic of this paper. Provisions of the Law have been analyzed, positions of the judicial practice as well as opinions of the jurisprudence on secured creditors as a special category. Special attention was paid to the impact of the legal prohibition of individual enforcement for the settlement of claims from the assets that are under any burdens as well as the cancellation of moratorium. Significance of the right of the creditor to offset its secured claim against purchase price has been explained in detail in case of the best bidder (credit bidding) as well as the legal preemptive right on the subject of secured right or lien, in case of sales method by direct agreement. Also, rules were considered that condition the possibility of leasing assets under burden of the bankruptcy debtor with the consent of secured creditors.

OSTVARIVANjE ZALOŽNIH PRAVA U STEČAJNOM POSTUPKU IZ VREDNOSTI OPTEREĆENE IMOVINE

2021 ◽  
Author(s):  
Vladimir Kozar ◽  
Keyword(s):  
Legal Framework ◽  
Purchase Price ◽  
Legal Practice ◽  
The Real Estate ◽  
Legal Provisions ◽  
The Subject ◽  
The Republic ◽  
The One ◽  
The Right ◽  
Secured Creditors

The article analyzes the legal provisions, legal practice, as well as the opinions of jurisprudence on creditors with rights to separate settlement and pledge creditors as two special categories of secured creditors. The opening of bankruptcy proceedings over the owner of the real estate under the mortgage or of the movable property under pledge has a significant impact on the process of exercising rights and the position of secured creditors. The bankruptcy legal framework in the Republic of Serbia, on the one hand, limits their rights, and on the other hand, provides significant guarantees, by prescribing more specific institutes that further improve the position of secured creditors in the sale of encumbered assets of the bankruptcy debtor, which is the subject of this paper. First of all, the rules that condition the leasing of the encumbered asset of the bankruptcy debtor with the consent of creditors with rights to separate settlement and pledge creditors are considered. Also, the influence of the moratorium on the realization of liens by settling claims from the value of encumbered asset is presented, as a possibility of abrogation of the legal prohibition of individual execution. The procedure of the realization of the preemptive right on the subject of the right to seek separate settlement and on the subject of lien, in the case of the method of sale by direct agreement, as well as the application of the credit bidding institute (possibility for the creditor to offset his secured claim with the purchase price, in case he is the best bidder), have been explained.

scholarly journals Reasonable time frame in bankruptcy proceedings: Analysis of cases from the judicial practice of the Commercial Court in Niš

2021 ◽  
Vol 60 (90) ◽  
pp. 97-118
Author(s):  
Aleksandar Mojašević ◽  
Aleksandar Jovanović
Keyword(s):  
Case Law ◽  
Time Frame ◽  
Fair Trial ◽  
Fundamental Rights ◽  
Reasonable Time ◽  
Judicial Practice ◽  
Reasonable Time Frame ◽  
The Subject ◽  
The Republic ◽  
The Right

The Act on the Protection of the Right to a Trial within a Reasonable Time, which took effect in 2016, has created the conditions in our legal system for the protection of the right to a trial within a reasonable time, as one of the fundamental rights guaranteed by the Constitution of the Republic of Serbia and related international documents. Although the legislator does not explicitly provide for the application of this Act in the context of bankruptcy proceedings, it has been used in judicial practice as a mean for the bankruptcy creditors to obtain just satisfaction in cases involving lengthy bankruptcy proceedings and a violation of the right to a fair trial within a reasonable time. The subject matter of analysis in this paper is the right to a trial within a reasonable time in bankruptcy cases. For that purpose, the authors examine the case law of the Commercial Court in Niš in the period from the beginning of 2016 to the end of 2019, particularly focusing on the bankruptcy cases in which complaints (objections) were filed for the protection of the right to a fair trial within a reasonable time. The aim of the research is to examine whether the objection, as an initial act, is a suitable instrument for increasing the efficiency of the bankruptcy proceeding, or whether it only serves to satisfy the interests of creditors. The authors have also examined whether this remedy affects the overall costs and duration of the bankruptcy proceeding. The main finding is that there is an increasing number of objections in the Commercial Court in Niš, which still does not affect the length and costs of bankruptcy. This trend is not only the result of inactivity of the court and the complexity of certain cases but also of numerous external factors, the most prominent of which is the work of some state bodies.

scholarly journals In dubio contra libertatem? On the amendment to the provisions concerning foreign students’ residence permit

2019 ◽  
pp. 149-163
Author(s):  
Agnieszka Narożniak
Keyword(s):  
Opposite Direction ◽  
Foreign Students ◽  
Residence Permit ◽  
The Subject ◽  
The Republic ◽  
The One ◽  
The Right ◽  
Substantive Law ◽  
Made In ◽  
Third Country Nationals

The subject of the paper is the amendment to the Act on Foreigners made in connec­tion with the implementation of Directive (EU) 2016/80. The considerations focus on the provisions according to which a foreigner is refused a visa or a temporary residence permit for the purpose of studying, when there are ‘justified doubts as to the credibility of their statements on the purpose of their stay in the territory of the Republic of Poland, due to evidence or objective circumstances available to the authority, indicating that the purpose of the foreigner’s stay could be different from the declared one.’ The key question is whether the authorities facing some doubts in cases of entry and stay of foreign students should opt for more restrictive solutions and take the opposite direction to the one determined by the formula in dubio pro libertate. The study presents general factual and legal circumstances of the amendment introduced, followed by an attempt to interpret it under substantive law and an analysis of its procedural aspects. The conclusion is that there are no grounds for introducing the principle in dubio contra libertatem in respect of foreign students’ entry and stay. Such understanding of the regulation in question would raise objections as to its compliance with the provisions of Directive 2016/80, which would require the refusal of the right of residence to be based on the evidence estab­lished and facts found, with its primary purpose being to facilitate the undertaking of studies by third-country nationals.

scholarly journals Critique of two decicions of Constitutional Court of the Republic of Srpska / Kritika dvije odluke Ustavnog suda Republike Srpske

2015 ◽  
Vol 5 (5) ◽  
pp. 114
Author(s):  
Milan Blagojević
Keyword(s):  
Social Insurance ◽  
Public Authority ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Subject ◽  
Internal Morality ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
In The Beginning

The subject of this paper are two decisions of Constitutional Court of the Republic of Srpska which set in motion not only the question of constitutionality of one statute from the area of social insurance, but the questions of internal morality of the state and law as well. Beginning part of the paper is preceding to introduction into that problem, and in the beginning part the author, by the example from the judicial practice, point out an unconstitutional practice due to which in the area of social insurance is infringed the right on property by inactivity of competent organs of public authority. The infringement of the same right is caused by statute provisions analised in the paper. It is word on provisions of the Law on social insurance in the Republic of Srpska, by which is prescribed that the pensions will be determined again for some of beneficiaries, what in practice means that their pensions will be decreased, and that for some of other beneficiaries it will not be done. This unconstitutional behaviour of legislator, due to which the right on property and equality before the law are infringed, are tried to be resolved by the Constitutional Court of the Republic of Srpska in its two decisions by opinion according to which it is a matter of policy of legislator and suitability to prescribe whether the pensions will be determined again for all or for some beneficiaries. This opinion is exposed to the criticism in the paper.

scholarly journals Constitutional Complaint Sebagai Penambah Kewenangan Baru Dalam Undang-Undang Mahkamah Konstitusi Republik Indonesia

2020 ◽  
Vol 4 (2) ◽  
Author(s):  
Nurul Komariah ◽  
Muhammad Romadhoni Nur Matori Ridwan ◽  
Alivia Vabesta ◽  
Ginanjar Damayanti ◽  
Siti Nariyah
Keyword(s):  
Judicial Review ◽  
Quality Data ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Applicable Law ◽  
Secondary Sources ◽  
The Subject ◽  
The Republic ◽  
The One ◽  
The Right

Guarantee the rights of every citizen for violations of constitutional rights by seeking to increase the authority of the Judicial Review Request by every justice seeker for violations of constitutional rights, but not at least the petition was granted.  The Mahkarnah of the Constitution, which checks what the petition is made of, often considers that what the Judicial Review proposes is not the subject of acknowledgment.  Constitutional Court Judges considered it to be a Constitutional complaint in which this constitutional complaint was not part of the Court's authority in accordance with the Constitution of the Republic of Indonesia and the applicable Law on the Understanding of the Constitution.  As a legislative body, the DPR is the one who has the right to change the Constitutional Court Law by including the authority of Constitutional complaint to the Constitutional Court. In this paper the author uses a research method in the form of quality data analysis with secondary sources of literature and deductive logic analysis.  Consitional Complaint to the Constitutional Court.

scholarly journals Znaczące pogorszenie sytuacji finansowej banku a podatek od niektórych instytucji finansowych

2019 ◽  
Vol 28 (3) ◽  
pp. 89
Author(s):  
Paweł Szczęśniak
Keyword(s):  
Financial Institutions ◽  
Research Problem ◽  
Significant Deterioration ◽  
Financial Situation ◽  
Recovery Plan ◽  
The Subject ◽  
Group Recovery ◽  
The One ◽  
The Right ◽  
The Impact

<p>The subject of this article was the analysis of the impact of a significant deterioration of the bank’s financial standing on the obligation to pay the tax on certain financial institutions. The assessment that a significant deterioration of the financial situation has occurred results in the creation of obligations and rights towards the bank not only under banking law but also tax law. On the one hand, the bank is obliged to implement a rehabilitation plan. On the other hand, the bank obtains the right to be exempted from the tax on certain financial institutions. In this respect, difficulties emerge for group recovery plans. The plans may be drawn up both for bank holdings and for cooperative banking mutual solidarity systems. The research problem discussed herein boils down to the assessment of whether a significant deterioration of the situation of one of the member banks of the aforementioned corporate structures results in the initiation of the group recovery plan. Adopting such a hypothesis means that all the banks covered by the group recovery plan, regardless of their financial situation, would be exempted from the tax on certain financial institutions. The purpose of this study was to prove the claim that the exemption from the tax on certain financial institutions applies only to banks that have implemented recovery plans due to a significant deterioration of their financial situation. In view of the directive to keep the legal order consistent and coherent, banks that have not experienced a significant deterioration of their financial situation will not be entitled to take advantage of the tax exemption. Therefore, the interpretation of the provisions of the Act on the tax on certain financial institutions must cover the objective of the exemption, namely counteracting the deteriorating situation of unprofitable operators.</p>

Freedom of Expression versus Privacy and the Right to Reputation

2017 ◽  
Author(s):  
Dirk Voorhoof
Keyword(s):  
Public Interest ◽  
Freedom Of Expression ◽  
Media Freedom ◽  
Investigative Journalism ◽  
The Public ◽  
The Right Of Privacy ◽  
The One ◽  
Grand Chamber ◽  
The Right ◽  
The Impact

The normative perspective of this chapter is how to guarantee respect for the fundamental values of freedom of expression and journalistic reporting on matters of public interest in cases where a (public) person claims protection of his or her right to reputation. First it explains why there is an increasing number and expanding potential of conflicts between the right to freedom of expression and media freedom (Article 10 ECHR), on the one hand, and the right of privacy and the right to protection of reputation (Article 8 ECHR), on the other. In addressing and analysing the European Court’s balancing approach in this domain, the characteristics and the impact of the seminal 2012 Grand Chamber judgment in Axel Springer AG v. Germany (no. 1) are identified and explained. On the basis of the analysis of the Court’s subsequent jurisprudence in defamation cases it evaluates whether this case law preserves the public watchdog-function of media, investigative journalism and NGOs reporting on matters of public interest, but tarnishing the reputation of public figures.

Determination of integral indicators characterizing the possibility of accommodating the evacuated population in the territory of the Republic of Kazakhstan

2020 ◽  
pp. 154851292097028
Author(s):  
Yernar Zh Akimbayev ◽  
Zhumabek Kh Akhmetov ◽  
Murat S Kuanyshbaev ◽  
Arman T Abdykalykov ◽  
Rashid V Ibrayev
Keyword(s):  
Statistical Data ◽  
Armed Conflicts ◽  
Security Issues ◽  
Inaccurate Information ◽  
The Subject ◽  
The Republic ◽  
The Impact ◽  
Integrated Indicators ◽  
Selection Of

Studying the historical facts of past wars and armed conflicts and natural and man-made emergencies, today in the Republic of Kazakhstan one of the most important security issues is the preparation and organization of the evacuation of the population from possible dangerous zones, taking into account the emergence of new threats to the country’s security. The paper presents an algorithm for constructing universal scales of the distribution function of opportunities by types of support and rebuilding them into subject scales using display functions. The purpose of the paper is to determine the integral indicators characterizing the possibility of accommodation of the evacuated population and the impact on resources during relocation. On the subject scales of cities and districts of the region, indicators of the possibility of relocation of a certain amount of the evacuated population by types of support and indicators characterizing the impact on the district’s resources during resettlement of a certain amount of the evacuated population are determined. It was concluded that the use of integrated indicators allows the selection of areas to accommodate the evacuated population without the use of statistical data, in conditions of incomplete and inaccurate information. The presented method does not replace traditional methods based on classical methods of territory assessment by the level of life sustenance, but also allows their reasonable combination with the experience of specialists in this field, taking into account the incompleteness, uncertainty, and inconsistency of the initial data of the study area, which does not allow the application of existing methods.

scholarly journals The Impact of Socially Responsible Reporting on Successful Corporate Operations

Organizacija ◽  
2013 ◽  
Vol 46 (2) ◽  
pp. 47-54 ◽  
Author(s):  
Anton Peršič ◽  
Mirko Markič
Keyword(s):  
Research Method ◽  
Quantitative Research ◽  
Socially Responsible ◽  
The Real Estate ◽  
Construction Market ◽  
Responsible Conduct ◽  
The Republic ◽  
And Control ◽  
The Impact ◽  
A Company

The aim of our research was to study the impact and purpose of the reporting on socially responsible conduct on the success of corporate operations. The data and information were gathered with the quantitative research method, whereas the instrument for gathering them was a questionnaire that was distributed among 759 large and medium sized organisations from the field of market services in the Republic of Slovenia. We have established that activities aimed at socially responsible conduct are directly connected with the success of corporate operations, especially the revenue (p = 0.001), the profit of a company (p = 0.000), operational growth (p = 0.007) and operational economy (p = 0.002), and are typical for organizations with a larger number of employees (p = 0.032). In this regard, the real estate and construction market activities received the lowest scores. Research results provide theoretical as well as practical benefits for everyone dealing with the planning, implementation and control of sustainable development, as well as socially responsible conduct within the organization.

The Villa Item and a Bride's Ordeal

1929 ◽  
Vol 19 (1) ◽  
pp. 67-87 ◽  
Author(s):  
Jocelyn Toynbee
Keyword(s):  
The South ◽  
Important Paper ◽  
The North ◽  
Dwelling House ◽  
South Wall ◽  
The Subject ◽  
The One ◽  
The Individual ◽  
North Wall ◽  
The Right

The paintings in the triclinium of the Villa Item, a dwelling-house excavated in 1909 outside the Porta Ercolanese at Pompeii, have not only often been published and discussed by foreign scholars, but they have also formed the subject of an important paper in this Journal. The artistic qualities of the paintings have been ably set forth: it has been established beyond all doubt that the subject they depict is some form of Dionysiac initiation: and, of the detailed interpretations of the first seven of the individual scenes, those originally put forward by de Petra and accepted, modified or developed by Mrs. Tillyard appear, so far as they go, to be unquestionably on the right lines. A fresh study of the Villa Item frescoes would seem, however, to be justified by the fact that the majority of previous writers have confined their attention almost entirely to the first seven scenes—the three to the east of the entrance on the north wall (fig. 3), the three on the east wall and the one to the east of the window on the south wall, to which the last figure on the east wall, the winged figure with the whip, undoubtedly belongs.

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