Academic literature on the topic 'Debtor and creditor – Uganda'

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Journal articles on the topic "Debtor and creditor – Uganda"

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Dewi, I. Gusti Agung Mas Cahyani, Anak Agung Sagung Laksmi Dewi, and Ni Made Puspasutari Ujianti. "Kedudukan Hukum Perjanjian Kredit dalam Hal Objek Jaminan Fidusia Musnah." Jurnal Preferensi Hukum 1, no. 1 (July 27, 2020): 228–33. http://dx.doi.org/10.22225/jph.1.1.2166.228-233.

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Crediting activities can be carried out by anyone who has the ability to initiate a loan agreement between the creditor / creditor and the recipient of the loan / debtor, this is regulated in article 8 of the Banking Act. This study aims to analyze the legal position in the credit agreement if the fiduciary collateral object is destroyed, and analyze efforts to resolve disputes due to the destruction of the fiduciary collateral object. The method used is an empirical method with the approach of legal sociology. The results showed that the legal position of the credit agreement if the fiduciary collateral object was destroyed either in the case that the object became the object had been insured or not insured by the owner of the object. The credit agreement remains and the debtor remains responsible for paying off the debt. With this situation, the creditor will turn into a concurrent creditor. Furthermore, in resolving disputes the destruction of fiduciary collateral objects, there are two ways, namely, if the object used as fiduciary collateral object by the debtor in a credit agreement is insured, the creditor can claim insurance for the collateralized object. Whereas if the object which is used as collateral has not been insured in this case the creditor has issued a credit and is taking care of the object's insurance, an undesirable event occurs by the debtor and the creditor, namely the destruction of the object used as collateral. Then the debtor must be held responsible by replacing the items pledged with new objects owned by the debtor and the selling price is the same as the credit issued by the creditor.
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William, G. Victor. "AKTA BORGTOCHT DALAM PERJANJIAN KREDIT." JURNAL MEDIA HUKUM DAN PERADILAN 5, no. 1 (May 30, 2019): 50–61. http://dx.doi.org/10.29062/jmhp.v5i1.75.

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Personal guarantee (borgtocht) is an additional agreement (accesoir) which is made for the benefit of the creditor. Personal guarantee cannot exist if there is no legal principal agreement between the creditor and the debtor, therefore this guarantee agreement involves three parties, namely the creditor, the debtor and the guarantor. The main reason for the making of personal guarantee agreement is because there is a relationship of interest between the guarantor and the debtor (the guarantor has an economic interest in the business of the debtor). Personal guarantee in practice are always made in written form. Personal guarantee agreement can be made in the form of under the hand deed or notarial deed. In banking practices, the agreement is made in the form of a standard contract that has been provided by the bank as the creditor. The party that signs this deed is the debtor and the guarantor, hereinafter the deed kept by the bank.
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Wiese, Mitzi. "The The Legal Operation of Liens: Theory and Practice." Potchefstroom Electronic Law Journal 24 (February 19, 2021): 1–23. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a8721.

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The legal operation of liens has been the source of academic debates for many years. Liens are traditionally classified as enrichment liens and debtor-and-creditor liens (contractual liens). In the instance of an enrichment lien the creditor (lienholder) has a contract with a non-owner and not with the owner (debtor) himself. Consequently, the creditor can vest a lien against the owner of the thing only on the grounds of unjustified enrichment. Enrichment liens are classified as real rights. In the instance of a debtor-and-creditor lien (contractual lien) the creditor (lienholder) has a contract with the owner of the thing and the contract is the basis for the liability of the owner (debtor) towards the creditor. Debtor-and-creditor liens are generally classified as personal rights. This classification causes confusion regarding the legal operation on the one hand of an enrichment lien as a real right and on the other hand of a debtor-and-creditor lien (contractual lien) as a personal right. This paper proposes that the origin of the legal claim for which the lien serves as security (unjustified enrichment or contractual) merely determines the debt (expenses) for which a lienholder can vest his lien and does not determine the classification of a lien as either a real right or a personal right. A lien can be described as a defence against the owner's rei vindicatio and is, in principle, enforceable only against the owner of the thing (security object). A lien can, however, also be enforced against parties other than the owner, including the creditors (who, for example, want to attach the thing subject to the lien) of the owner (debtor) and other real claimants. The enforcement of a lien against these parties is referred to as the real operation (third-party action) of a lien. This paper analyses the legal operation of a lien with specific reference to the debt (expenses incurred) secured by the lien, the vesting (existence) of a lien, the real operation (third-party action) of a lien and the preferential position of a lienholder in the case of the debtor' insolvency.
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Shymon, L. S. "NAMED AND UNNAMED KINDS OF PERSONAL ENSURING." Actual problems of native jurisprudence, no. 4 (August 30, 2019): 62–66. http://dx.doi.org/10.15421/391914.

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The article deals with the named and unnamed special kinds of enforcement of the obligation. Special kinds of the fulfillment of an obligation ensuring are proposed to be considered as a means of protecting the rights of the creditor in contractual obligations, where the fulfillment of obligations caused by the debtor is due to the fulfillment of the obligation of the third (other than the debtor) of the surety, guarantor, joint or subsidiary debtor, insurer. Among the named kinds of securing the fulfillment of the obligation is investigated surety and warranty. Surety as a special kind of ensuring the fulfillment of the obligation means that in the event of a debtor breaking the obligation secured by it, the creditor’s property interests are met by a third party – guarantor. Surety arises exclusively on the basis of the concluded contract on surety. A surety contract may be concluded not only between the creditor and the surety, but also as a tripartite agreement between the creditor, the debtor and the surety, for example, when a surety contract is concluded as one of the part of the main contract. A surety agreement gives the right to thecreditor in the event of breach of a secured obligation to require the guarantor to fulfill the obligation incurred by the debtor. The surety is liable to the creditor so as a debtor, including the payment of principal debt, interests, penalty, damages, that is, he bears full responsibility for the debtor. As a rule, the surety and the debtor act as solidary debtors. The guarantee, as personal kind of ensuring the fulfillment of the obligation, protects the violated rights of the creditor by the way of enforcing the guarantor to bear responsibility for breaching the obligation by the debtor. Under guarantee, a bank, another financial institution, an insurance organization (guarantor) guarantees to the creditor (beneficiary) the fulfillment of the debtor (principal) of his duty. The guarantor independently is responsible to the creditor for violation of the obligation by the debtor. He is not a solidary debtor. The article considers the possibility of recognizing insurance as one of the unnamed to the research of insurance financial risks and insurance. Оf responsibility of the personal kinds of enforcement of the obligation fulfillment. This problem is given special attention. The author also proposes to refer to the unnamed types of enforcement of the obligation fulfillment the following: factoring – financing in the case of the right deviation to money claim, which legal structure has found its securing in Article 1077 of the Civil Code of Ukraine.
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van Hoof, V. J. M. "The ‘generalis hypotheca’ and the sale of pledged assets in Roman law." Tijdschrift voor rechtsgeschiedenis 85, no. 3-4 (December 14, 2017): 474–91. http://dx.doi.org/10.1163/15718190-08534p03.

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A Roman debtor and his creditor could tailor their contract of pledge to fit their needs. If the parties specified the pledged asset in the contract, they wanted to restrict the debtor’s right to dispose of the pledged asset. The debtor would transfer pledged assets subject to pledge if he acted without permission of the creditor. The creditor could recover the pledged asset from any third-party possessor. If the parties pledged all of the debtor’s present and future assets, they wanted to enable the debtor to dispose of pledged assets in his ordinary course of business.
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Putra, Taufiq Hidayat, Busyra Azheri, and Dasman Dasman. "Legal Protection Against Bad Debtor Who is Bound by the Fiduciary Liability Insurance Against Auction Conducted by Creditor in Padang City." International Journal of Multicultural and Multireligious Understanding 6, no. 3 (July 19, 2019): 744. http://dx.doi.org/10.18415/ijmmu.v6i3.898.

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The execution of the fiduciary liability insurance, based on the fiduciary liability insurance certificate, has the executive power that is the same as the court decision that has obtained permanent legal force. The right to execute arises since a default occurs by a debtor whose creditor has the right to sell the object of the fiduciary liability insurance on his own power through auction. The purpose of this study was to find out how the execution process of the fiduciary liability insurance carried out by the company to the bad debtor and the form of legal protection against the bad debtor who is bound by the fiduciary liability insurance after the collateral object is auctioned by the creditor. After the auction is conducted, the author is interested in conducting a research discussing on the forms of legal protection against debtor who is bound by the fiduciary liability insurance after the collateral object is auctioned by the creditor. This research applies empirical juridical method by using primary and secondary data. The results of the study found that legal protection for bad debtor, who is bound by the fiduciary liability insurance after the collateral object is auctioned, is the elimination of fiduciary duties on objects guaranteed by fiduciary liability insurance and the return of the remaining credit obtained from the auction by the creditor to the debtor.
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Lazic, Miroslav. "Consumer protection in creditor-debtor relations." Zbornik radova Pravnog fakulteta, Nis 55, no. 74 (2016): 53–70. http://dx.doi.org/10.5937/zrpfni1674053l.

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Manuelides, Yannis. "Debtor–creditor engagement in sovereign restructurings." Capital Markets Law Journal 13, no. 3 (July 1, 2018): 427–51. http://dx.doi.org/10.1093/cmlj/kmy020.

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Ffrench‐Davis, Ricardo. "Latin American debt: Debtor‐creditor relations." Third World Quarterly 9, no. 4 (October 1987): 1167–83. http://dx.doi.org/10.1080/01436598708420021.

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Putri, Marina Ayusta Amindya. "Legal Efforts of Banks and Buyers on Discharging the Collateral Object for Auction that is Still Occupied." Hang Tuah Law Journal 4, no. 1 (August 25, 2020): 71. http://dx.doi.org/10.30649/htlj.v4i1.154.

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<p>Credit is the banking service that would require the colletral agreement of pledge assets to give the creditor a sense of security in case the debtor would not be able to pay the loan based on the agreement. After it is proven that the debtor could not pay the amount agreed on the agreement, then the pledge assets will go for a public auction by the creditor. The provit of the auction then will be used to pay off the amount of money that the debtor owed to the creditor. For instance, the debtor would need to walk away from the pledge assets including their house and other assets in connection to the loan but more often than not, the debtor choose to stay in the buildings they signed as the pledge assets for the amount of money they owe and refuse to walk away from it. Though legally, the buildings that are being written as the pledge assets are essentially forefeitable for the auction to be bought by the buyer for the profit of the creditor. Once they are sold on the auction, they are the property of the buyers instead of the owner who owed the creditor. Thus, this paper questions about the legal steps that can be taken by the creditor and buyers on the emptying of the buildings as the object of collateral based on legal facts, literature, and the law. The paper aims to give a solution on how the object collateral dispute can be solved and the buyers can get what they bough on the public auction.</p>
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Dissertations / Theses on the topic "Debtor and creditor – Uganda"

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Okurut, Francis Nathan. "Credit demand and credit rationing in the informal financial sector in Uganda." Thesis, Stellenbosch : Stellenbosch University, 2005. http://hdl.handle.net/10019.1/50308.

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Dissertation (PhD) -- University of Stellenbosch, 2005.
ENGLISH ABSTRACT: This study was motivated by the need to determine the key factors that influence credit demand and credit rationing in the informal financial markets so as to contribute to policy formulation to improve access for the poor in Uganda to the broader (formal and informal) financial sector. The results of the study suggest that credit demand in the informal financial sector is positively and significantly influenced by capacity related variables (education level, and household expenditure) at the household level, and the informal lenders' credit rationing behaviour is also negatively and significantly influenced by household wealth factors (asset values). The same variables have similar effects in the models for credit demand and credit rationing in the broader financial sector. Since households demand credit for both investment and consumption smoothing, improved access to the broader financial sector will enable them to acquire more wealth, and move out of poverty in the long run. The policy options to improve small borrower access to the broader financial sector include provision of incentives to banks to serve the smaller borrowers, development of credit reference bureaus, provision of innovative insurance products to the poor, and broader economic policies that enable households to acquire more wealth. In addition appropriate linkages need to be developed between the formal and informal financial sectors so as to broaden the financial system.
AFRIKAANSE OPSOMMING: Hierdie studie is gemotiveer deur die behoefte om die sleutelfaktore te identifiseer wat die vraag na krediet en kredietrantsoenering in die informele finansiele markte bemvloed ten einde In bydrae te kan maak tot beleid om beter toegang vir die armes tot die bree (formele en informele) finansiele sektor in Uganda te bewerkstellig. Die resultate van die studie dui aan dat die vraag na informele krediet In betekenisvolle en positiewe verwantskap toon met kapasiteitsverwante veranderlikes (vlak van opvoeding en huishoudelike besteding) op die huishoudingvlak. Informele uitleners se kredietrantsoeneringsoptrede toon In betekenisvolle en negatiewe verwantskap met huishoudings se vlak van rykdom (batewaardes). Dieselfde veranderlikes toon soortgelyke verwantskappe in die geval van die modelle vir kredietvraag en kredietrantsoenering in die bree finansiele sektor. Huishoudings se vraag na krediet is vir beide investeringsdoeleindes en om In meer egalige verspreiding van verbruik te verkry. Daarom sal verbeterde toegang tot die bree finansiele sektor hulle in staat stel om meer rykdom te bekom en so uit armoede in die langer termyn te ontsnap. Die beleidsopsies om kleiner leners beter toegang tot die bree finansiele sektor te bied, sluit in voorsiening vir insentiewe aan banke om klein leners te bedien, die ontwikkeling van kredietverwysingsburo's, die voorsiening van innoverende versekeringsprodukte aan die armes, en breer ekonomiese beleid wat huishoudings in staat sal stel om meer rydom te bekom. Toepaslike skakeling tussen die formele en informele finansiele sektore moet ook ontwikkel word ten einde In verbreding van die finansiele sektor te bewerkstellig.
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Roestoff, M. "'N Kritiese evaluasie van skuldverligtingsmaatreels vir individue in die Suid-Afrikaanse insolvensiereg." Pretoria : [s.n.], 2002. http://upetd.up.ac.za/thesis/available/etd-01162003-130435.

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Buchem-Spapens, A. M. J. van Pouw Th A. "Faillissement, surseance van betaling en schuldsanering /." Deventer : Kluwer, 2008. http://www.gbv.de/dms/spk/sbb/recht/toc/577858017.pdf.

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Heinrich, Stefan. "Covenants als Alternative zum institutionellen Gläubigerschutz : eine rechtsvergleichende und ökonomische Analyse /." Berlin : Duncker & Humblot, 2009. http://d-nb.info/998458678/04.

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Kaiser, Martin. "Die europäische Privatgesellschaft und die spanische Sociedad de Responsabilidad Limitada : rechtsvergleichende Untersuchung mit Schwerpunkt im Bereich des Gläubigerschutzes /." Baden-Baden : Nomos, 2008. http://d-nb.info/987971042/04.

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Biehl, Kristof. "Insider im Insolvenzverfahren /." Herne : Verlag für die Rechts- und Anwaltspraxis, 2000. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=009061424&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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Riedel, Silke. "Sicherungsschein und Sicherungsbestätigung in der Versicherungswirtschaft /." Frankfurt am Main [u.a.] : Lang, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/385616228.pdf.

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Giering, Anastasia. "Risikobezogener Gläubigerschutz im Recht der GmbH : Vorschläge zur Vermögensbindung und Gesellschafterhaftung de lege ferenda /." Berlin : Duncker & Humblot, 2009. http://d-nb.info/992686946/04.

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Hulešová, Anna. "Zúčtovací vztahy." Master's thesis, Vysoká škola ekonomická v Praze, 2011. http://www.nusl.cz/ntk/nusl-114542.

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Klein, Martin. "Projecktfinanzierung : ertragsorientierte Kredite und Kreditsicherungspflichen (Covenants) unter deutschem Recht /." Baden-Baden : Nomos, 2004. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=012972192&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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Books on the topic "Debtor and creditor – Uganda"

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Thompson, Lisa. Debtor-creditor. 2nd ed. [St. Paul, MN]: Thomson/West, 2003.

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Willis, Jeffrey. Debtor-creditor. St. Paul, Minn: West Pub. Co., 1988.

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Simons, Robert. Debtor-creditor. Edited by Schorling William A, Deller Jeffery A, and Frenkel Douglas. St. Paul, Minn: West Pub. Co., 1997.

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Poplett, Ray E. Debtor-creditor relations. St. Paul, Minn: West Pub. Co., 1994.

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B, Hagedorn Richard, and Smith Frank W. 1933-, eds. Debtor-creditor law manual. Boston: Warren, Gorham & Lamont, 1985.

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Blum, Brian A. Oregon debtor-creditor law. 2nd ed. St. Paul, Minn: Butterworth Legal Publishers, 1992.

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Johnson, H. Dee. Texas debtor creditor manual. Rochester, N.Y: Lawyers Cooperative Pub. Co., 1994.

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Patterson, Dennis M. Maine debtor-creditor law. Stoneham, Mass: Butterworth Legal Publishers, 1988.

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Azza, Amy N. Debtor-creditor consortium, 2014. Boston, MA: MCLE New England, 2014.

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Blum, Brian A. Oregon debtor-creditor law. 2nd ed. St. Paul, Minn: Butterworth Legal Publishers, 1992.

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Book chapters on the topic "Debtor and creditor – Uganda"

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Guerrieri, Angela. "Creditor and Debtor." In Dictionary of Statuses within EU Law, 107–12. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-00554-2_14.

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Luderer, Bernd. "Would You Rather Be a Debtor or Creditor?" In essentials, 27–32. Wiesbaden: Springer Fachmedien Wiesbaden, 2021. http://dx.doi.org/10.1007/978-3-658-32038-6_6.

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Duggan, Anthony, Azim Remani, and Dennis Kao. "Middle Income Access to Justice: Policy Options with Respect to Consumer and Debtor/Creditor Law." In Middle Income Access to Justice, 485–520. Toronto: University of Toronto Press, 2012. http://dx.doi.org/10.3138/9781442660601-018.

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Lupoi, Michele Angelo. "Enforcement of a Claim with the Support of the New Information Technology. Protection of the Creditor and the Debtor." In Electronic Technology and Civil Procedure, 181–209. Dordrecht: Springer Netherlands, 2012. http://dx.doi.org/10.1007/978-94-007-4072-3_9.

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Li, Mingyi. "Shanxi Yicheng Chengdong Renhe Iron & Steel Co., Ltd. v. Luoyang Pengfei Refractory and Wear-resistant Material Co. Ltd. et al. (Dispute over Sales Contract): The Debt Assumption Agreement is Revoked by the Court and the Creditor Can Only Request the Fulfillment of Debt Repayment by the Debtor." In Library of Selected Cases from the Chinese Court, 79–85. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-15-9136-5_6.

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"Debtor and Creditor." In Kemmerer on Money, 154–70. Routledge, 2017. http://dx.doi.org/10.4324/9781315206738-10.

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Ammendola, Giuseppe. "Introduction." In From Creditor to Debtor, 3–17. Routledge, 2018. http://dx.doi.org/10.4324/9781351116909-1.

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Ammendola, Giuseppe. "Appendix C." In From Creditor to Debtor, 363–81. Routledge, 2018. http://dx.doi.org/10.4324/9781351116909-10.

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Ammendola, Giuseppe. "Initiation: the Road to the Hearing." In From Creditor to Debtor, 19–46. Routledge, 2018. http://dx.doi.org/10.4324/9781351116909-2.

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Ammendola, Giuseppe. "Estimation: Congress Looks at the Alternatives." In From Creditor to Debtor, 47–116. Routledge, 2018. http://dx.doi.org/10.4324/9781351116909-3.

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Conference papers on the topic "Debtor and creditor – Uganda"

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Namiq, Asos. "Base estoppel and its impact on modifying the binding force of the contract." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp213-221.

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The contract is the Sharia of the Contracting Party as a rule that does not govern the contract only upon formation, but also upon execution, since the terms of the contract are transformed, after its formation, into a law that imposes itself, and its sanctity cannot be violated. That is, when the contract is valid and enforceable, it must be executed according to what it contains and in accordance with good faith and trust between people, and this is called the principle of binding force of the contract. Whenever the contract is binding on both parties, one of the parties cannot be the only one to rescind or amend it. The mandatory limits of the contract are not limited to what the contracting parties have agreed only, but include all of its requirements in accordance with legislative and customary rules, and what justice requires, and what is imposed by the nature of the full-time obligation of the contract. When executing the contract, the extent of the debtor’s commitment to the contract is measured in the manner in which it is implemented, and his agreement with the requirements of the contract, that is, the closer the method of implementation is with the requirements of the contract, the debtor is considered on the right path in fulfillment, and the more the method of implementation is far from the requirements of the contract, the debtor is considered in breach of his contractual obligations. Since the debtor may deviate from the prescribed path in some cases due to the difficulty of implementing the obligation on the one hand, and the difficulty of harmonizing the circumstances and methods of implementation on the other hand, the law allowed the creditor to object to the debtor’s behavior whenever he saw it as different from the contract based on the binding force of the contract. But this right granted to the creditor is not an absolute right. Rather, it is restricted by his act or statement that revealed to the debtor the safety of his conduct in the implementation of the contract, meaning that despite the recognition of the right to object to the creditor, the creditor may be suspended by what was previously issued by him, i.e. closed The door of objection to it, and this is called the rule of judgment closure that we have chosen as the subject of our study. We deal with it by research and study to show the limits of this rule, and its impact on modifying the binding force of the contract, whether by making mandatory certain clauses in the contract or even creating new clauses, or by stripping a contractual obligation of its binding force.
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Kozar, Vladimir. "OSTVARIVANjE ZALOŽNIH PRAVA U STEČAJNOM POSTUPKU IZ VREDNOSTI OPTEREĆENE IMOVINE." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujevcu, 2021. http://dx.doi.org/10.46793/uvp21.929k.

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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.
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Noneva-Zlatkova, Yordanka. "PROTECTION OF CREDITORS’ RIGHTS IN THE CONTEXT OF AN EVOLVING INVESTMENT ENVIRONMENT UNDER EU LAW." In 4th International Scientific Conference – EMAN 2020 – Economics and Management: How to Cope With Disrupted Times. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2020. http://dx.doi.org/10.31410/eman.2020.179.

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In the post-global economic and financial crisis, Europe is suffering from significantly low levels of investment. This applies both to national level in the individual Member States and to those with a supranational scope. For this reason, the EC tried to stimulate the development of any investment initiative through the Juncker Plan, which is based on three pillars: the European Fund for Strategic Investments, the European Investment Advisory Center and the European Investment Projects Portal, and third, improving the business environment by removing regulatory barriers to investment at national and European level. Policies in this direction will continue and build on over the period 2021-2027 through the InvestEU program, which aims to continue to support increased investment, innovation and job creation in Europe. The process of implementation of each such initiative directly affects the individual legal and natural persons as investors who enter different bond relations, which have both national and international dimension. The development of new investment products and instruments would be unthinkable without the Bank’s involvement as a major creditor in the implementation of investment projects. This fact shows that it is necessary to examine the legal guarantees for the protection of creditors in these relationships in case of possible threat the debtor to damage the creditor in case of unfavourable development of the respective investment initiative. This paper will justify the significance and the peculiarities of Paul’s claim as a means of protecting creditors in the context of a developing EU investment environment and its legal framework. This method of preventing the decline of the asset and / or the increase of the liability of the debtor’s property is characterized by extreme persistence over time as a legal institution that originated in the Roman era and has survived to the present without losing its significance.
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