Journal articles: 'Encumbrance'

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Islam, Sharif. "Punishing pandemic encumbrance." British Dental Journal 229, no. 9 (November 2020): 581. http://dx.doi.org/10.1038/s41415-020-2397-6.

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Badriyah, Siti Malikhatun, R. Suharto, and Kashadi Kashadi. "Implikasi Hukum Penggunaan Surat Kuasa Membebankan Hak Tanggungan Sebagai Jaminan Dalam Perjanjian Kredit Pemilikan Rumah." Law, Development and Justice Review 2, no. 1 (May 29, 2019): 58–71. http://dx.doi.org/10.14710/ldjr.v2i1.5140.

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In the agreement a strong guarantee is needed to provide legal protection for the parties. One of them is Encumbrance Right. Encumbrance Right occur after registration of Underwriting Rights at the Land Office. But in practice, often the Encumbrance Right only reaches the making of Power Of Attorney To Establish Encumbrance Right (SKMHT). This study aims to find evidence and analyze the use of SKMHT in the Housing Ownership Credit (KPR) agreement and its legal consequences if the debtor defaults. The research method used is qualitative with a socio legal approach. The results of the study indicate that in the KPR agreement many liability rights are imposed by using SKMHT without being followed by the making of the Deed of Giving Encumbrance Rights and the Registration of Encumbrance Rights. As a result, Encumbrance Rights do not occur, so that if the debtor defaults on the creditor does not have the right of execution as the holder of the Encumbrance Rights as determined in the Encumbrance Rights Act. ABSTRAK Dalam perjanjian dibutuhkan jaminan yang kuat untuk memberikan perlindungan hukum bagi para pihak. Salah satunya adalah Hak Tanggungan. Hak Tanggungan terjadi setelah pendaftaran Hak Tanggungan di Kantor Pertanahan. Namun dalam praktik seringkali Hak Tanggungan hanya sampai pada pembuatan Surat Kuasa Membebankan Hak Tanggungan (SKMHT). Penelitian ini bertujuan untuk mencari bukti-bukti dan menganalisis penggunaan SKMHT dalam perjanjian Kredit Pemilikan Rumah (KPR) serta akibat hukumnya jika debitor wanprestasi. Metode penelitian yang digunakan adalah kualitatif dengan pendekatan socio legal. Hasil penelitian menunjukkan bahwa dalam perjanjian KPR banyak dilakukan pembebanan Hak Tanggungan dengan menggunakan SKMHT tanpa diikuti dengan pembuatan Akta Pemberian Hak Tanggungan dan Pendaftaran Hak Tanggungan. Akibatnya Hak Tanggungan tidak terjadi, sehingga jika debitor wanprestasi kreditor tidak memiliki hak eksekusi sebagai Penerima Hak Tanggungan sebagaimana ditentukan dalam Undang-undang Hak Tanggungan.Kata Kunci: hak tanggungan, kredit, surat kuasa, hak tanggungan, wanprestasi.

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Rojas-Muñoz, Edgar, Maria Eugenia Cabrera, Daniel Andersen, Voicu Popescu, Sherri Marley, Brian Mullis, Ben Zarzaur, and Juan Wachs. "Surgical Telementoring Without Encumbrance." Annals of Surgery 270, no. 2 (August 2019): 384–89. http://dx.doi.org/10.1097/sla.0000000000002764.

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Anggoro, Rian Dwi, and Umar Ma'ruf. "Selling Authorization Legal Agreement Status Will Be Weighed Against Collateral Mortgage (Case Study PT. Bank Tabungan Negara (Persero) Tbk.)." Jurnal Akta 5, no. 3 (September 6, 2018): 823. http://dx.doi.org/10.30659/akta.v5i3.3266.

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This study aims to determine why the binding of collateral in the process of granting subsidized housing loans in PT. Bank Tabungan Negara (Persero) Tbk. Pekalongan branch office is not binding perfectly implemented using the security rights, the legal position of the agreement of power sold to the collateral to be encumbered encumbrance in the process of providing subsidized credit facilities, and a form of legal protection for authorizing the use of certificate authority to sell. This study uses empirical juridical approach or Socio Legal Research. Data collected through literature, observation and interviews. The survey results revealed that the cause of non-performance perfect binding manner using the right mortgage loan process dala subsidized home ownership in PT. Bank Tabungan Negara (Persero) Tbk. Pekalongan branch office is due to the type of housing loan subsidies are certain types of loans are regulated in the legislation which the binding process is limited to a power of attorney install security rights. On the basis of these reasons the bank asked the Notary / PPAT can issue certificates aimed at selling power if the debtor defaults, the creditor as the bank can make the sale to get the loan repayment. However, if the power of attorney install security rights has been upgraded to the Agreement of Encumbrances Encumbrance and has been registered to receive the certificate Encumbrance the collateral execution process should be subject to the laws Mortgage. Making the notarized agreement of power selling is a form of legal protection for the debtor as the authorizer.Keywords: Authorization Agreement Sell; Collateral Will Be Charged Mortgage; Credit Homeownership Subsidies.

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Marovdi, V. M. "On the issue of restriction of individual rights in civil law. Correlation between the concepts of restriction and encumbrance of civil rights." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 146–50. http://dx.doi.org/10.24144/2307-3322.2021.64.27.

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In this article the author considers the concept of restriction of individual rights in civil law, as well as the re-lationship between the concepts of restriction and encumbrance of civil rights. First of all, the lack of a legislative definition of the concept of restriction of individual rights in civil law, as well as the ambiguity of the position of the legislator on the use of the term restriction and its place among related conceptsIn writing this work, first of all, attention was paid to the Constitution of Ukraine, which is the Basic Law, which serves as a guide that establishes the general boundaries of human and civil rights. The connection of the provisions of the Constitution with the norms of the Civil Code of Ukraine within the framework of the chosen topic was presented. Emphasis is placed on the fundamental principle according to which the national legal system is built, namely: “everything is allowed that is not expressly prohibited by law.”The views of some scholars who adhere to their vision of the concepts under study are given. In addition, in this study, the relationship between the concepts of restriction and encumbrance of individual rights in civil law. In the process of writing this work, the positions of legal scholars who had relatively similar positions were given. They distinguish between the above concepts, and provide the relevant features. However, outside the scope of this study were many works of scientists who do not see a difference in these concepts.None of this was left out of the regulatory framework for the definition of the above concepts at the legislative level. In particular, it was found that in contrast to the concept of restriction of individual rights, including in civil law, the current legislation contains a definition of encumbrance. There are several acts that provide this definition. And in all cases, the definition is different.Based on the analysis of regulations, it was found that the legislator does not consistently approach the definition of encumbrance. In particular, in some cases the latter includes the encumbrancer’s right to the debtor’s movable property or restriction of such right, in others - prohibition or restriction of disposal and / or use of real estate, and in some cases the legislator identifies encumbrances and restrictions.According to the results of the study, the conclusions on the failure to define in national law the concept of re-strictions on the rights of persons in civil law, as well as the lack of a clear distinction between the concept of restric-tion of the right of person and encumbrance, in particular under civil law. There is a position on the need for further research on relevant topics, which will ensure clarity and clarity of the law, and promote its effective application, as well as consensus on this issue among scholars.

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Kudeikina, Inga. "Problems Associated with the Legal Substance of Real Estate Encumbrances." European Journal of Interdisciplinary Studies 1, no. 1 (April 30, 2015): 54. http://dx.doi.org/10.26417/ejis.v1i1.p54-60.

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The article is devoted to the problems pertaining to the establishment of encumbrances on real estate. Encumbrances that are created on the basis of law have a different legal substance. As a rule, encumbrances by law are significant and bring benefits to an unlimited number of rightholders. This type of encumbrances includes various protection zones, roads, nature reserves, etc. It is assumed that these encumbrances are for the common good; therefore, the rights of an owner may be restricted. Legislation allows establishing encumbrances without any authorisation from the real estate owner. The objective of the thesis is to analyse the legitimacy of encumbrances based on law in the context of the impairment of owner's property rights. To this end, both descriptive and analytical methods have been employed to analyse the legal grounds for encumbrances and related case-law. The study has relied on both legislation and case-law. The results of the study give strong grounds to conclude that a special procedure could be applied to the establishment of encumbrances in situations when those are intended to meet the needs of the entire society or individual communities of certain regions. Like any other encumbrances, those established by law restrict owner's property rights. A real estate encumbrance should be recognised as a restriction on owner's property rights. Certain remedies should be introduced with a view to balancing the rights and interests of the society and the owner and minimising the adverse effects of encumbrances. Such remedies could comprise an owner's right to claim reasonable compensation, challenge the establishment of encumbrances and initiate their annulment.

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Suyatno, RM Anton. "PERLAWANAN DALAM EKSEKUSI OBYEK JAMINAN HAK TANGGUNGAN BERDASARKAN TITEL EKSEKUTORIAL." Jurnal Hukum dan Peradilan 3, no. 1 (April 23, 2018): 1. http://dx.doi.org/10.25216/jhp.3.1.2014.1-10.

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Loan resolution through the execution of a security interest by title guarantee executorial implemented by involving the courts. The process of settlement is done by banks as creditors without filing a lawsuit first. Banking immediately submit the petition to the Chairman of the local District Court. In the petition Execution Mortgage, the petitioner (creditors) must attach the documents as a condition of submission of application execution. The execution of the object Mortgage guarantee in practice often fought on the basis of unclear legal status object ownership guarantees, or the amount of debt that is uncertain (fix). In some cases it was found that the resolution of bad loans through the execution of the object of the guarantee Encumbrance by title executorial obstacles and takes a long time. In Decision No. 383/Pdt.G/2008/PN.Jkt.Bar. found that it takes approximately four (4) years (October 1, 2007 to 10 November 2011) for the creditor to execute a guarantee Encumbrance. This fact is certainly not in line with the objectives of UUHT, one of which states that the execution Encumbrance implemented easily and surely. Keyword: Resistance, Execution, Encumbrance

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Kurilo, A. E., and E. G. Nemkovich. "Resources encumbrance in Karelian forest sector." Resources and Technology 1, no. 9 (2012): 25–28. http://dx.doi.org/10.15393/j2.art.2012.1721.

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Ahnert, Toni, Kartik Anand, Prasanna Gai, and James Chapman. "Asset Encumbrance, Bank Funding, and Fragility." Review of Financial Studies 32, no. 6 (September 22, 2018): 2422–55. http://dx.doi.org/10.1093/rfs/hhy107.

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Raj, Sarth, and Larry H. Hollier. "Review of “Surgical Telementoring Without Encumbrance." Journal of Craniofacial Surgery 30, no. 7 (October 2019): 2295. http://dx.doi.org/10.1097/scs.0000000000005986.

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Ningrum, Ika Yulia, and Setyawati Setyawati. "Juridical Review On Process Loading Liability Rights To Land That Has Not Registered In The District Of Semarang." Jurnal Akta 6, no. 3 (September 17, 2019): 525. http://dx.doi.org/10.30659/akta.v6i3.5178.

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This study aims to analyze the process of Encumbrances On land that has not been registered in the District of Semarang, Barriers which appeared in the Proceedings Encumbrances On Land Not Yet Enrolled in the District of Semarang and solutions to overcome barriers Appears In The Process Encumbrances On Land Not Yet registered in the District of Semarang.This study uses empirical juridical approach, the approach to reviewing the legislation relating to the issues to be discussed, and also conducted a field approach to obtain information as supporting material. Specifications of this research is descriptive analysis that describes the laws that apply associated with legal theories and practice of positive law concerning these issues.Based on the research results that the implementation of Encumbrances against certified land not yet in practice never done bank by making APHT directly against yangbelum certified lands. Bank in this case was limited to making SKMHT only. Obstacles that arise in the process of loading encumbrance on land that has not been registered in the District of Semarang is when the giver of mortgage has died, a typing error and the installation of the second rank security rights. The solution is under hand sales, writing and checking certificates rectification katas ha of new land.Keywords: Land Registry; Loading Liability Rights, Land That Has Not Registered

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Georgescu, Oana-Maria, Dimitrios Laliotis, Miha Leber, and Javier Población. "A Liquidity Shortfall Analysis Framework for the European Banking Sector." Mathematics 8, no. 5 (May 13, 2020): 787. http://dx.doi.org/10.3390/math8050787.

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This paper presents an analytical framework for the identification of vulnerabilities arising from the liquidity and funding profile of banks. It is composed of two pillars—estimation of liquidity needs and the counterbalancing capacity of the total liquid assets—that determine a liquidity surplus or shortfall and the drivers for a range of plausible scenarios. Granular bank-level data on the structure of liabilities, maturation profile, liquid assets quality composition, and asset encumbrance are used for that purpose, also taking into account associated commonality effects. A new liquidity metric is introduced—the distance to liquidity stress indicator (DLSI)—which measures the required stress factor for banks to become illiquid. The novelty of the approach (i.e., taking into account asset encumbrance to determine counterbalancing capacity) provides empirical evidence that asset encumbrance has a significant impact on a bank’s liquidity position, leading to the non-linear behavior of liquidity shortfalls, even in the case of linear stress factors.

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Karabdic, Ilirijana, Fikret Veljovic, and and Straus. "Organism Encumbrance of Cardiac Surgeon During Surgery." Acta Informatica Medica 24, no. 4 (2016): 277. http://dx.doi.org/10.5455/aim.2016.24.277-280.

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Sevryukova, Inna. "Problems of the definition and characteristics of the contractual basis for the limitation and encumbrance of ownership of real estate in Ukraine." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 341–48. http://dx.doi.org/10.33663/0869-2491-2021-32-341-348.

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Introduction. The legal description of the contractual grounds for restrictions and encumbrances on the right of ownership of real estate can be provided only after a comprehensive study of the common features of the contractual structures, which establish the relevant rights and obligations of the parties. The main common feature of such agreements is the emergence of appropriate property benefits for the owner, which is to enable the owner to satisfy their interests at the expense of someone else's real estate, resulting in restrictions and encumbrances on property subject to the contract. It should also be emphasized that each subjective right has its limits of exercise, including the subjective right of ownership, as well as other real property rights. Of course, the nature of such restrictions must be different and depend on the content and nature of the restricted right, its object and the grounds for the restrictions. That is, restrictions on property rights and other property rights cannot be the same. Restrictions on property rights are established in the interests of society and arise by law, as well as in the interests of individuals (on the basis of law, contract, court decision), and restrictions on other property rights are primarily due to protection of the property from which they originate and the legitimate interests of the owner. In our opinion, the category of real contracts should include those types of contracts relating to real estate, including contracts of encumbrance of property rights on the basis of which the rights subject to state registration arise. Purpose and objectives of the study The main common feature of such agreements is the emergence of appropriate property benefits for the owner, which is to enable the owner to satisfy their interests at the expense of someone else's real estate, resulting in restrictions and encumbrances on property subject to the contract. Therefore, we can argue for the existence of a certain generalizing type of contract, the features of which are inherent in all its subspecies, in particular, contracts for the establishment of easements, superficies, emphyteusis, mortgage agreement. Such an agreement in the legal literature is called by some authors as a real contract. However, issues concerning its legal nature, place in the system of civil law contracts remain debatable. Research methods. The research carried out in the article is based on the assessment of generally accepted approaches to defining the characteristic features of problematic issues of contractual grounds for the emergence of restrictions and encumbrances of property rights to real estate. It should be emphasized that these issues are controversial due to the lack of clear legislative regulation, which leads to imperfect legal regulation and violations of the rights of participants in property turnover. Research conclusions. As a result of the study, the idea is given that in the current legislation of Ukraine due to the lack of a clear concept of the relationship between the category of "encumbrance" and "restriction" of property rights, as well as the uncertainty of property rights, some questions remain about the classification of certain rights accordingly, about the types of material contract, this issue is debatable and needs further study. It is possible to make about polystructurality of the real contract that causes division of this type of the civil law contract into kinds and subspecies. In our opinion, such a division depends on the legal nature and scope of the relevant types of restrictions and encumbrances on the right of ownership of real estate, which are proposed by current civil law.

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Hardy, Daniel C. "Bank Resolution Costs, Depositor Preference, and Asset Encumbrance." IMF Working Papers 13, no. 172 (2013): 1. http://dx.doi.org/10.5089/9781484354100.001.

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C. Hardy, Daniel. "Bank resolution costs, depositor preference and asset encumbrance." Journal of Financial Regulation and Compliance 22, no. 2 (May 6, 2014): 96–114. http://dx.doi.org/10.1108/jfrc-07-2013-0022.

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Purpose – This paper aims to clarify the effects of introducing depositor preference on resolution costs, probability of default and bank funding costs, allowing for the possibility of collateralized funding. Design/methodology/approach – The importance of conflict among creditors in generating bankruptcy costs is documented. A model of such a conflict is provided, which is then used in analyzing the effects of depositor preference and other forms of asset encumbrance. The model takes into account the reactions of providers of secured and unsecured financing. Findings – Depositor preference and collateralization of borrowing may reduce the cost of settling the conflicts among creditors that arises in case of resolution or bankruptcy. This net benefit, which may be capitalized into the value of the bank rather than affect creditors’ expected returns, should result in lower overall funding costs and thus a lower probability of distress despite increasing encumbrance of the bank’s balance sheet. The benefit is maximized when resolution is initiated early enough for preferred depositors to remain fully protected. Research limitations/implications – The interaction of asset encumbrance with liquidity risk is not addressed directly. Practical implications – The issues addressed on the paper are currently the subject of debate by regulators and market participants. There are direct implications for prudential regulation and bank resolution policies. Originality/value – The theory of conflict resolution is applied to bankruptcy and bank resolution, generating rigorous analysis of an important practical issue.

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McKearney, Tommy. "Northern Ireland: From Imperial Asset to International Encumbrance." Journal of World-Systems Research 22, no. 1 (March 22, 2016): 108–32. http://dx.doi.org/10.5195/jwsr.2016.636.

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The Northern Ireland story is more complex than the trite tale of orange versus green or two warring tribes. Current inhabitants are not settling ancient scores. Northern Ireland is the product of colonialism, the plantation of Ulster, machinations of a British state determined to retain a strategic outpost, 50 years of one party discriminatory government and the recent conflict. The Good Friday Agreement facilitated an end to armed conflict but is inherently flawed. Compounding the Stormont Assembly’s very limited ability to steer the economy is reluctance by the political parties to accept the rationale of the Agreement. Republicans are unhappy that Northern Ireland will remain British while unionists dislike the fact that republicans are partners in administration. Northern Ireland’s two leading parties, The Democratic Unionist Party (DUP) and Sinn Féin (SF,) do not have the power (even if they wanted to use it) to address the social and economic issues affecting constituents’ lives. Northern Ireland is changing demographically while also facing economic challenges at a time when both England and Scotland are reassessing the nature of the Union.

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Nkem Ede, Anthony, Omobolaji Emmanuel Salami, Oluwarotimi Michael Olofinnade, and Kehinde David Oyeyemi. "The encumbrance of constructing on a swampy terrain." Journal of Physics: Conference Series 1299 (August 2019): 012076. http://dx.doi.org/10.1088/1742-6596/1299/1/012076.

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Fathurahman, Arya, Amin Purnawan, and Setyawati Setyawati. "Notary Role In The Bonding Object To The Settlement Of Liability Rights In Banking Credit Loss (Case Study In Semarang)." Jurnal Akta 6, no. 4 (February 11, 2020): 777. http://dx.doi.org/10.30659/akta.v6i4.7641.

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The purpose of this study was to: 1) To Assess and analyze the role of the Notary in binding Collateral Object Encumbrance against Settlement Bad Debt in the city, 2) to Review and Analyze Effects, Barriers and Solutions in fastening places Encumbrance if not done before Notary , The method used in this study using a normative legal research legal research conducted by reviewing the materials are derived from legislation and other materials from a variety of literature.Based on the results of data analysis concluded that: 1) the importance of the role of the Notary that leads to Article 15 (1) UUHT determine that importance a strand Attorney Imposing Mortgage (SKMHT) shall be made by notarial deed or deed of PPAT. 2) The legal consequences for binding Binding Objects Encumbrance if not done in the presence of a Notary (1) agreements that do lose their authenticity as stated in Article 16 paragraph (8) UUJN, (2) the lender does not get a position that takes precedence (droit de preference), (3) in the event of default, the guarantee can not be directly executed, (4) proof of the deed made does not apply to third parties, so that the settlement be reached only through a settlement amicably, (5) affects the motivation of members financing to meet with a good performance. As for barriers and solutions if agreement encumbrance not done before Notary can be divided into three, namely: (1) prior to binding, associated with the filing requirements of the binding as of the identity of the parties, the object of the guarantee, and is authorized to act by the parties, (2) binding collateral, related to the change in attitude of the debtor and the binding process at the local BPN (3) after the binding, associated with the increase of SKMHT be APHT and roya against collateral.Keywords: Role of the Notary; Binding Objects Mortgage; Bad Debt.

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Sulastri, Lusia. "KONSTRUKSI PERLINDUNGAN HUKUM DEBITUR DALAM PENYELESAIAN KREDIT BERMASALAH DENGAN PELAKSANAAN LELANG JAMINAN HAK TANGGUNGAN." Jurnal Pembaharuan Hukum 2, no. 1 (July 8, 2016): 86. http://dx.doi.org/10.26532/jph.v2i1.1418.

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The resolutions of non-performing loans with tendering guarantee Encumbrance often bring up the resistance of the debtor in the form of Civil Lawsuit filed to the District Court whichis due to the complexity of the auction and several weaknesses inherent in the Mortgage Law. Issues that will be examined is the debtor regarding the cause of resistance and constructinglegal protection for the debtor, which will then be analyzed by juridical reasons debtor resistance and constructing legal protection for debtors. With the use of methods of doctrinal research is normative juridical will be reviewed by the study of civil cases in the District Court Majalengka and Cirebon.Research into the problem of resistance debtor caused the weaknesses that exist in the Law on Mortgage in particular Article 6 and Article 20 were used as opportunities in filing opposition by the debtor. Clauses are not clear and are not firmly set on the definition of injury Promise of a debtor, limit the authority becomes the object of Encumbrance, and the main thingis the complexity of the auction mainly related to the determination of the value of the object of encumbrance limit unilaterally by the creditor is considered unnatura.Resistance debtor raises the conception of the construction of legal protection to the debtor will be maintained, as well as the Law on Consumer Protection which regulates legal protectionfor debtors and also provides protection against collateral in the debtor from the arbitrariness of the determination of the limit value by “ Tendering Crime “ in the tendering process the security object security rights. Weakness contained in UUHT and determination of limit values of objects in the tenderingprocess encumbrance become the subject matter of this study. For it is very important that creditors be cautious in making loans to its customers, in the handling of non-performing loans,especially the tendering security rights regarding the value of the object of the tender limit creditors should remain guided by the principles of good faith and respect for the property of a person.

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Muna, Indah Nailal, and Anis Mashdurohatun. "Deed Of Roya Consent Which Made By Notary In Roya Mortage Rights Caused The Loss Of Certificate Mortage Rights In The City Of Pekalongan." Jurnal Akta 7, no. 1 (April 11, 2020): 31. http://dx.doi.org/10.30659/akta.v7i1.8300.

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The purpose of this study was to: 1) To determine the debtor to Roya to BPN 2) To know the challenges and solutions faced by the debtor to Roya missing Encumbrance certificate 3) to determine the position of the missing Encumbrance certificate. The research method in this study, using socio-juridical to obtain data from the primary data. In a research specification is a descriptive analysis of this data is by using the applicable laws.Based on the results of data analysis concluded that: 1) The process of the debtor to Roya namely by applying Roya Land Office and bring equipment such as certificates and certificate concern Properties Roya who made by notary. 2) The obstacles faced by the debtor that is, if not made deed Roya consent by a notary then the debtor can not perform Roya or deletion in Encumbrance, while the solution is to bring the letter of loss from the police and then come before the notary to be made a deed of Roya consent by a notary to replace certificates mortgages missing. 3) Position the deed of Roya consent can not be equated with a certificate of mortgages have executorial power because it is not regulated in the legislation or firm rule. The deed of Roya consent is a requirement to carry out orderly land administration. In this case means that the position of Roya consent deed made by the notary is a custom in notarial practice.Keywords: Deed of Consent Roya; Notary; Certificate of Mortage Right.

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Owusu-Mensah, Isaac. "American Democratic Support to Ghana’s Fourth Republic: Assistance or Encumbrance?" Journal of African Elections 14, no. 2 (October 1, 2015): 1–33. http://dx.doi.org/10.20940/jae/2015/v14i2a1.

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Shomad, Abd, and Rahadi Wasi Bintoro. "PHILOSOPHICAL FOUNDATION OF RELIGIOUS COURT COMPETENCE TOWARDS ENCUMBRANCE RIGHT EXECUTION." Jurnal Dinamika Hukum 18, no. 2 (May 9, 2018): 222. http://dx.doi.org/10.20884/1.jdh.2018.18.2.2063.

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Religious court as forefront in economic sharia dispute resolution in litigation has not ideal place to perform their duty since there are still regulation conflicts such as implementation of encumbrance right execution which still becomes a domain in district court. As explained, this article discusses phi-losophical foundation of Religious Court competence to resolve economic sharia issues. In regard to this, conceptual approach, law approach and historical approach are respectively used. Based on the analysis, basic competence of religious court is Islamic personality principle which carries the use of Islamic law elements (sharia principle) in its legal relationship. From the analysis the implication is drawn that as long as a dispute belongs to economic sharia, then it is Religious Court which is com-petent to handle including court decision.Keywords: law enforcement, economic sharia dispute, absolute competence, court decision implementation

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Hodari, Demian, Panna Judit Balla, and Ramya Rajajagadeesan Aroul. "The Matter of Encumbrance: How Management Structure Affects Hotel Value." Cornell Hospitality Quarterly 58, no. 3 (January 30, 2017): 293–311. http://dx.doi.org/10.1177/1938965516686116.

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Hotel owners have two fundamental concerns: the financial operating performance of their asset and its selling price. While they often contract a hotel management company to operate the hotel through a lease or management agreement, common industry perception holds that such encumbrance decreases the sales price of hotel real estate assets. This implies that owners who outsource the hotel’s management may be sacrificing a greater selling price in exchange for improved operating results. While this is a critical issue for investors given that a their returns are largely dependent on an asset’s appreciation, the impact of different management structures on the sales price of hotels has not previously been studied. A hedonic valuation model was constructed based on 442 past hotel transactions in the United Kingdom between 2000 and 2015. Hotels sold encumbered by hotel management agreements and lease agreements were found to sell at a premium compared with unencumbered properties. The impact across different geographic areas and different economic periods was also examined. Hotels under management agreement achieved the highest premiums during times of economic expansion while lease contracts did so in regional markets. The findings suggest that owners need not necessarily refrain from signing management agreements or leases out of concern for their detrimental effect on their hotel’s sales price. It also provides a strong additional selling point for management companies and should reassure lenders who prefer to underwrite loans for encumbered assets.

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Erhardt, Joachim, Johannes Lübbers, and Peter N. Posch. "Bail-in and asset encumbrance - Implications for banks’ asset liability management." Journal of Banking Regulation 18, no. 2 (April 2017): 149–62. http://dx.doi.org/10.1057/jbr.2016.4.

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Sulastri, Lusia. "LEGAL PROTECTION OF THE DEBTOR CONSTRUCTION COMPLETION OF NONPERFORMING LOANS BY AUCTION OF LIABILITY WARRANTIES." Jurnal Pembaharuan Hukum 5, no. 2 (August 13, 2018): 182. http://dx.doi.org/10.26532/jph.v5i2.3009.

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The resolutions of non-performing loans with tendering guarantee Encumbrance Often bring up the resistance of the debtor in the form of Civil Lawsuit filed to the District Court the which is due to the complexity of the auction and Several weaknesses inherent in the Mortgage Law. Issues that will be Examined is the debtor regarding the cause of the resistance and constructing legal protection for the debtor, the which will then be Analyzed by Juridical reasons debtor resistance and constructing legal protection for debtors. Resistance debtor raises the conception of the construction of legal protection to the debtor will be maintained, as well as the Law on Consumer Protection the which regulates legal protection for debtors and Also Provides protection against collateral in the debtor from the arbitrariness of the determination of the limit value by "tendering Crime" in the tendering process the security object security rights. Weakness contained in UUHT and determination of limit values of objects in the tendering process encumbrance Become the subject matter of this study. For it is very important that creditors be cautious in making loans to its customers, in the handling of non-performing loans,

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Listianti, Euis, and Umar Ma'ruf. "Criminal Law Protection Of Giving Rights Of Liability Is Not The Debtor." Jurnal Daulat Hukum 1, no. 3 (September 5, 2018): 583. http://dx.doi.org/10.30659/jdh.v1i3.3342.

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In the practice of the loan agreement with collateral Mortgage made by banks as creditors, so if the debtor defaults in performing its debt to the creditor, the creditor has the right to make the execution of security object Encumbrance with its own power after first obtaining fiat yustitsia of the chairman of the court country where the land is located. In case of dispute the auction execution of mortgage security object between the Bank as the creditor with Zn as the debtor, as creditors of the bank's declared to have violated provisions of the law in the execution of security object security rights belonging to the debtor Zn. But in fact the execution and the execution of the auction object of mortgage collateral is in accordance with the provisions of Article 6 and Article 20 UUHT No. 4 of 1996 and also in accordance with the provisions and procedures of the auction procedure execution security object security rights under the laws of the auction. The problems addressed in this study is how to legality and legal power auction object execution Mortgage guarantees made at the request of creditors certificate holder.Keywords: Legal Protection, Criminal, and Encumbrance .

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Shi, Yubai, Cheng Li, Shaohua Ma, and Yin Zhang. "Synthesis and Properties of Nitrogen-Containing Curved Heterosuperbenzene." Synthesis 50, no. 01 (August 16, 2017): 102–6. http://dx.doi.org/10.1055/s-0036-1590872.

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A novel nitrogen-functionalized curved superbenzene was prepared via oxidative cyclodehydrogenation of a suitable hexaarylbenzene precursor under mild conditions. The spectroscopic and electrochemical properties are detailed here and compared with those of permethoxylated hexa-peri-hexabenzocoronene. The crystal structure analysis confirmed that the molecule has an unequal ‘double-concave’ aromatic core due to the inclusion of a pyrimidine subunit and the steric encumbrance of the methoxy groups at the periphery.

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Khajure, Sanjay, and Shubham Yelne. "Encumbrance Collating in Cloud Data Center Using Modified Active Monitoring Load Balancer." International Journal of Computer Sciences and Engineering 6, no. 7 (July 31, 2018): 72–76. http://dx.doi.org/10.26438/ijcse/v6i7.7276.

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30

Eves, Frank F. "When weight is an encumbrance; avoidance of stairs by different demographic groups." PLOS ONE 15, no. 1 (January 24, 2020): e0228044. http://dx.doi.org/10.1371/journal.pone.0228044.

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31

Bissell, David. "Conceptualising differently-mobile passengers: geographies of everyday encumbrance in the railway station." Social & Cultural Geography 10, no. 2 (March 2009): 173–95. http://dx.doi.org/10.1080/14649360802652137.

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32

Appelbaum, Steven H., Oleksandr Kryvenko, Mauricio Rodriguez Parada, Melina Rodica Soochan, and Barbara T. Shapiro. "Racial-ethnic diversity in Canada: competitive edge or corporate encumbrance? Part One." Industrial and Commercial Training 47, no. 6 (September 7, 2015): 302–9. http://dx.doi.org/10.1108/ict-03-2014-0012.

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Purpose – The purpose of this two-part paper is to explore the relationship between multiculturalism and performance, and attempt to reconcile some of the varying points of views, in order to suggest practical implications for managers in the workplace. Design/methodology/approach – A review of the literature regarding both diversity and performance was performed. Next, the focus was on the relationship specifically between racial-ethnic diversity and performance. To show the relevance of the paper, materials dedicated to Canadian population and immigration was included. Findings – It is still somewhat inconclusive whether diversity can have a definite positive or negative impact on organizational performance. The literature reviewed shows that authors have differing opinions. One element appears to be clear: diversity of itself does not necessarily bring benefit. For a diverse group to perform well, it must be well managed. Diversity remains an underused tool that managers have yet to learn to utilize. Research limitations/implications – At the time of writing, there was not a significant amount of published material on the direct relationship between multiculturalism and performance. This paper attempts to gather and make sense of the various views formalized thus far and puts forth a new question of how to turn multiculturalism in the workplace into an asset for organizations. Practical implications – Managers still do not agree on how to take full advantage of diversity. As the Canadian workforce becomes more and more diverse, so increases the importance of addressing and answering this question in practical terms. Especially facing the increased globalization of corporations, taking advantage of the untapped potential that resides in a culturally diverse work team should be at the top of every international company’s goals. Social implications – The importance of studying the relationship between multiculturalism and performance is crucial because in developed countries like Canada organizations are becoming increasingly culturally diverse. Much has been written about the effect of group diversity on conflict and creativity, on the performance of heterogeneous groups vs homogeneous groups, on organizational commitment among ethnic minorities, and on self-fulfilling performance expectations. Originality/value – This paper is a useful source for managers interested in understanding the real value of diversity in the workplace, as well as for researchers studying the relationship between corporate diversity and corporate performance.

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Appelbaum, Steven H., Oleksandr Kryvenko, Mauricio Rodriguez Parada, Melina Rodica Soochan, and Barbara T. Shapiro. "Racial-ethnic diversity in Canada: competitive edge or corporate encumbrance? Part two." Industrial and Commercial Training 47, no. 7 (October 5, 2015): 386–93. http://dx.doi.org/10.1108/ict-03-2014-0013.

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Purpose – The purpose of this paper is to explore the relationship between multiculturalism and performance, and attempt to reconcile some of the varying points of views, in order to suggest practical implications for managers in the workplace. Design/methodology/approach – A review of the literature regarding both diversity and performance was performed. Next, the focus was on the relationship specifically between racial-ethnic diversity and performance. To show the relevance of the paper, materials dedicated to Canadian population and immigration was included. Findings – It is still somewhat inconclusive whether diversity can have a definite positive or negative impact on organizational performance. The literature reviewed shows that authors have differing opinions. One element appears to be clear: diversity of itself does not necessarily bring benefit. For a diverse group to perform well, it must be well managed. Diversity remains an underused tool that managers have yet to learn to utilize. Research limitations/implications – At the time of writing, there was not a significant amount of published material on the direct relationship between multiculturalism and performance. This paper attempts to gather and make sense of the various views formalized thus far and puts forth a new question of how to turn multiculturalism in the workplace into an asset for organizations. Practical implications – Managers still do not agree on how to take full advantage of diversity. As the Canadian workforce becomes more and more diverse, so increases the importance of addressing and answering this question in practical terms. Especially facing the increased globalization of corporations, taking advantage of the untapped potential that resides in a culturally diverse work team should be at the top of every international company’s goals. Social implications – The importance of studying the relationship between multiculturalism and performance is crucial because in developed countries like Canada organizations are becoming increasingly culturally diverse. Much has been written about the effect of group diversity on conflict and creativity, on the performance of heterogeneous groups vs homogeneous groups, on organizational commitment among ethnic minorities, and on self-fulfilling performance expectations. Originality/value – This paper is a useful source for managers interested in understanding the real value of diversity in the workplace, as well as for researchers studying the relationship between corporate diversity and corporate performance.

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Bakulina, Olga, Alexander Ivanov, Vitalii Suslonov, Dmitry Dar’in, and Mikhail Krasavin. "A speedy route to sterically encumbered, benzene-fused derivatives of privileged, naturally occurring hexahydropyrrolo[1,2-b]isoquinoline." Beilstein Journal of Organic Chemistry 13 (July 18, 2017): 1413–24. http://dx.doi.org/10.3762/bjoc.13.138.

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A series of 15 benzene-fused hexahydropyrrolo[1,2-b]isoquinolonic acids with substantial degree of steric encumbrance has been prepared via a novel variant of the Castagnoli–Cushman reaction of homophthalic anhydride (HPA) and various indolenines. The employment of a special kind of a cyclic imine component reaction allowed, for the first time, isolating a Mannich-type adduct between HPA and an imine component which has been postulated but never obtained in similar reactions.

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Dewi, Luh Putu Ari Tiarna. "Eksekusi Hak Tanggungan Yang Dipailitkan." Acta Comitas 5, no. 1 (April 29, 2020): 100. http://dx.doi.org/10.24843/ac.2020.v05.i01.p09.

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Abstract The right of encumbrance is one kind of guarantees that the debtor can promise to the creditor. In fulfillment of achievements not close possible constraints experienced by debtor. A debtor can be declared bankrupt and may result in a loss of management rights to his/her assets. This raises the limitation of the execution rights of separatist creditors as stipulated in article 56 paragraph (1) of the Bankruptcy Act governing the suspension of the right to execute the warranty object. So it can be assumed that there is a conflict of norms between article 14 of the encumbrance right and article 55 paragraph (1) of the Bankruptcy Act with section article 56 paragraph (1) of the Bankruptcy Act. The focus of the problem of research is how to execute the right to comply with the act of Liability and the Bankruptcy Act? And is it fair for the holders of the rights and other creditors in the case of bankruptcy? The purpose of this study is to know how the right to execute the rights in accordance with the Encumbrance Rights and Bankruptcy Act and to know the justice of the debt collectors as the rightsholders with other creditors. The type of research is normative research. Conclusion is the Bankruptcy Act due to the nature of lex specialist on the execution of the guarantee in the case of bankruptcy and stay to protect all interests of the creditors recognized in a bankruptcy case. Keywords: execution, encumbrance right, bankcrupty. Abstrak Hak Tanggungan merupakan salah satu jaminan kebendaan yang dapat dijanjikan oleh debitor kepada kreditor. Dalam pemenuhan prestasi tidak menutup kemungkinan adanya kendala-kendala yang dialami oleh debitor. Seorang debitor dapat dinyatakan pailit dan dapat berakibat hilangnya hak kepengurusan atas harta kekayaannya yang pastinya berdampak terhadap Hak Tanggungannya. Hal ini menimbulkan pembatasan hak eksekusi kreditor separatis sebagaimana diatur dalam Pasal 56 ayat (1) Undang-Undang Kepailitan yang mengatur penangguhan hak eksekusi obyek jaminan. Sehingga dapat diasumsikan adanya konflik norma antara pasal 14 Undang-Undang Hak Tanggungan dan pasal 55 ayat (1) Undang-Undang Kepailitan dengan pasal 56 ayat (1) Undang-Undang Kepailitan. Sehingga yang menjadi fokus permasalahan penelitian adalah bagaimana eksekusi hak tanggungan sesuai Undang-Undang Hak Tanggungan dan Undang-Undang Kepailitan? Dan apakah hal tersebut adil bagi si pemegang hak tanggungan dan kreditor lainnya dalam perkara kepailitan? Adapun tujuan pendalaman studi ini adalah untuk menyelami bagaimana eksekusi hak tanggungan sesuai Undang-Undang Hak Tanggungan dan Undang-Undang Kepailitan dan mengetahui keadilan bagi penagih utang selaku pemegang hak tanggungan dengan kreditor lainnya dengan melihat kerangka konsep adanya penangguhan hak. Jenis penelitian ini ialah penelitian normatif. Kesimpulan adalah eksekusi dijalankan sesuai dengan Undang-Undang Kepailitan dikarenakan sifatnya lex specialis atas eksekusi jaminan dalam perkara kepailitan dan adanya penangguhan hak untuk melindungi seluruh kepentingan para kreditor yang diakui dalam perkara kepailitan. Kata Kunci: Eksekusi, Hak Tanggungan, Pailit.

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Fedoruk, O. S., M. S. Stepanchenko, and B. S. Bozhuk. "Chronic pain catastrophizing and psychogenic mechanisms of chronic non-bacterial prostatitis course encumbrance." Bukovinian Medical Herald 22, no. 4 (88) (December 30, 2018): 113–19. http://dx.doi.org/10.24061/2413-0737.xxii.4.88.2018.95.

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37

Suresh, Raghupathy, Senthil Kumar Thiyagarajan, and Perumal Ramamurthy. "Encumbrance in desilylation triggered fluorogenic detection of the fluoride ion – a kinetic approach." Physical Chemistry Chemical Physics 18, no. 47 (2016): 32247–55. http://dx.doi.org/10.1039/c6cp06557k.

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38

Allender, Tim. "Bad Language in the Raj: The ‘Frightful Encumbrance’ of Gottlieb Leitner, 1865–1888." Paedagogica Historica 43, no. 3 (June 2007): 383–403. http://dx.doi.org/10.1080/00309230701363740.

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39

Helberg, Stig, and Snorre Lindset. "How do asset encumbrance and debt regulations affect bank capital and bond risk?" Journal of Banking & Finance 44 (July 2014): 39–54. http://dx.doi.org/10.1016/j.jbankfin.2014.03.043.

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40

François, Rosiers. "Power Lines, Visual Encumbrance and House Values: A Microspatial Approach to Impact Measurement." Journal of Real Estate Research 23, no. 3 (January 1, 2002): 275–302. http://dx.doi.org/10.1080/10835547.2002.12091082.

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41

Cahyawati, Ely, and Lathifah Hanim. "Legal Protection For Auction Winner Execution Of Liability Rights Auction No. 49 / Pdt.G / 2011 / Pn.Pkl (A case study in Kospin, Pekalongan)." Jurnal Akta 5, no. 3 (September 17, 2018): 639. http://dx.doi.org/10.30659/akta.v5i3.3184.

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The research objective was to examine the legal protection against the winner of the auction the object is blocked by the land office to analyze the reason for blocking, and the responsibility of the winning bidder auction officials that the object is blocked by the land office How Legal protection for the Auction Winner of the auction Exsekusi security rights. The method used is as an additive normative juridical research interviews to the land office and Legal Section Kospin pekalongan Services. Based on the results of the study concluded eat: first, Consideration of the Land Office to block the process of reverse auction execution object name Encumbrance (Civil Case Study No.25 / Pdt.G / 2011 / PN.Tegal) is: Based on Government Regulation No. 24 of 1997 Article 45, which reads the Head of the Land Office reserves the right to delay on behind the object name that is being problematic of land ", as well as the attitude of prudence to avoid the risk in the future in order not to become a defendant in the case; Secondly, legal protection for the winner of the auction execution Encumbrance Land Office blocked the auction of objects is very weak, as in this case the winning bidder can not do anything but just wait until the court decision is completed; Third, auction Officials Responsibility for the blocking of the auction objects at the office of the Land does not exist at all.Keywords: Legal Protection, Winning Bidder, Execution Mortgage.

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42

Rini, Fikrina Setyo. "Responsibilities of The Land Deed Official (PPAT) Subject Installation of Encumbrance on Credit Guarantee in Deed Granting Process Mortgage (APHT) at Bank BPR Karya Remaja Indramayu District." Jurnal Akta 5, no. 4 (December 27, 2018): 1027. http://dx.doi.org/10.30659/akta.v5i4.5241.

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The purpose of this study was to: 1) To determine responsibility regarding installation PPAT Encumbrance on credit guarantees in the process APHT on Bank BPR Karya Remaja Indramayu district. 2) To know the problems and solutions do just about anything regarding installation PPAT Encumbrance on credit guarantees in the process APHT in Bank BPR Karya Remaja Indramayu district. The data used in this study are primary data and analyzed with descriptive analytical method.Based on the results of data analysis concluded that: 1) PPAT responsible for making Deed Granting Mortgage in accordance with the provisions set forth in the legislation in force, in this case the Deed Granting Mortgage shall be in accordance with the occurrence, status, and data are correct, and supported by documents in accordance with the legislation. PPAT deed made by it must be made correctly in order to create a sense of security to the parties so that all can go smoothly and there are no losers. 2) Constraints in the installation APHT Mortgage in the process is that it lacks the completeness of the file, not a guarantee in the form of certificates, as well as the difference between self-identity in the name of National Identity Card with the name on the certificate. Therefore, the bank and PPAT should actively cooperate in completing the file completeness of the debtor and if the warranty is still in the process of making the certificate, then as a substitute for bank guarantees issued PPAT as partners covernote.Keywords: Responsibility PPAT; Credit agreement; Installation Mortgage.

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Kochetov, Roman M. "On the necessity of the state registration of real estate encumbrance by loan rights." Vestnik Tomskogo gosudarstvennogo universiteta, no. 413 (December 1, 2016): 182–86. http://dx.doi.org/10.17223/15617793/413/28.

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44

Tian, Chengcheng, Xiang Zhu, Carter W. Abney, Ziqi Tian, De-en Jiang, Kee Sung Han, Shannon M. Mahurin, Nancy M. Washton, and Sheng Dai. "Use of steric encumbrance to develop conjugated nanoporous polymers for metal-free catalytic hydrogenation." Chemical Communications 52, no. 80 (2016): 11919–22. http://dx.doi.org/10.1039/c6cc06372a.

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Närvi, Johanna, and Minna Salmi. "Quite an encumbrance? Work-related obstacles to Finnish fathers’ take-up of parental leave." Community, Work & Family 22, no. 1 (December 24, 2018): 23–42. http://dx.doi.org/10.1080/13668803.2018.1487828.

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46

Cheyne, Christine, and Margie Comrie. "Empowerment or Encumbrance? Exercising the STV Option for Local Authority Elections in New Zealand." Local Government Studies 31, no. 2 (April 2005): 185–204. http://dx.doi.org/10.1080/03003930500032064.

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Cross, Anthony R. "‘Solid Learning … Never an Encumbrance’: C. H. Spurgeon and the Necessity of Theological Education." Baptist Quarterly 48, no. 3 (July 3, 2017): 125–39. http://dx.doi.org/10.1080/0005576x.2017.1339537.

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48

Friesen, Norm. "Dissection and Simulation." Techné: Research in Philosophy and Technology 15, no. 3 (2011): 185–200. http://dx.doi.org/10.5840/techne201115320.

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The increasing use of online simulations as replacements for animal dissection in the classroom or lab raises important questions about the nature of simulation itself and its relationship to embodied educational experience. This paper addresses these questions first by presenting a comparative hermeneutic-phenomenological investigation of online and offline dissection. It then interprets the results of this study in terms of Borgmann’s (1992) notion of the intentional “transparency” and “pliability” of simulated hyperreality. It makes the case that it is precisely encumbrance and disruption—elements that are by definition excluded from simulations and interfaces—which give dissection its educational value.

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Ercolini, Giorgia, Emilio Trigili, Andrea Baldoni, Simona Crea, and Nicola Vitiello. "A Novel Generation of Ergonomic Upper-Limb Wearable Robots: Design Challenges and Solutions." Robotica 37, no. 12 (December 26, 2018): 2056–72. http://dx.doi.org/10.1017/s0263574718001340.

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SummaryIn this work we present NEUROExos, a novel generation of upper-limb exoskeletons developed in recent years at The BioRobotics Institute of Scuola Superiore Sant’Anna (Italy). Specifically, we present our attempts to progressively (i) improve the ergonomics and safety (ii) reduce the encumbrance and weight, and (iii) develop more intuitive human–robot cognitive interfaces. Our latest prototype, described here for the first time, extends the field of application to assistance in activities of daily living, thanks to its compact and portable design. The experimental studies carried out on these devices are summarized, and a perspective on future developments is presented.

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Huber, Martin, Ana Kotevska, Aleksandra Martinovska Stojcheska, and Anna Solovyeva. "Evaluating an Information Campaign about Rural Development Policies in FYR Macedonia." Agricultural and Resource Economics Review 48, no. 1 (April 18, 2018): 117–41. http://dx.doi.org/10.1017/age.2018.4.

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This study investigates the effects of a local information campaign on farmers’ interest in a rural development programme (RDP) in the former Yugoslav Republic of Macedonia. The results suggest that while our intervention succeeded in informing farmers, it had a negative, albeit only marginally significant, effect on the reported possibility of using future RDP support. This puzzling result can be attributed to increased awareness of administrative burden associated with RDP participation. An additional heterogeneity analysis suggests the negative effect is driven by unprofitable farmers who are averse to any administrative encumbrance, for whom upfront cofinancing of an RDP is untenable.

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Journal articles on the topic 'Encumbrance'

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