Academic literature on the topic 'Mutua fiducia'

The purpose is achieved in this research are: to know the mechanism of the occurrence of a credit agreement in the German Fiducia between Guarantees the lender with the leasing in the state law enforcement to know Grail in the event of a transfer of the object of the fiduciary guarantee in the region Police Resort of Kudus. To know the constraints in the legal enforcement of the related existence of a Fiduciary guarantee redirects object at Police Resort, and the solution for consumers.This research is the legal research approach or using Empirical Juridical also called as the Juridical Sociological. This research is descriptive analytical research as specified.Research results in the agreement between the creditors and the debtor financing mutual committing yourself, before making the deal, leasing the breathtaking debtor must meet the obligation to pay installments on a timely basis in accordance with the quantity and the date of the has been agreed, then release the rights and obligations not to a make problem. In terms of collateral object is the object of fiduciary transferred to third parties apply the principle creditors can still execute the collateral objects. The transfer of objects into objects fiduciary third parties does not preclude the right of creditors to keep executing the fiduciary guarantee object.The conclusions in this study is on the implementation of the Business Funding and need the assistance of the police dai it will be very easy and possible to overcome the rogue debtor.Keyword: Law Enforcement; The Transfer Object Fiduciary Guarantee; Fiduciary; Police Resort of Kudus

Considering the main characteristics of fiducia in Roman law, as well as its functions and place within the real property law and the law of obligations, two features that are also prominent in the definition of anglosaxon trust stand out. These are the fiduciary nature of the relationship between the interested parties, as fides (trust) formed the initial basis of both institutes in the period before they were legally recognized, and the transfer of ownership made for specific purpose, different from the regular enjoyment of the object by the owner. However, there is a significant difference between the two (fiducia and trust) becuase of the duality between common law and equity in English legal system. While the mutual interests of the parties to fiducia in Roman law were protected only by personal actions (actiones in personam), parties’ proprietary interests in English trust were (and still are) recognized with the parallel existence of legal and equitable title. In contemporary Croatian law of real property the closest thing to the division of titles exists with regard to the conditionally transferred ownership as regulated in Art. 34 of Ownership and Other Proprietary Rights Act, entaling the division on prior and posterior ownership, both of which can be entered into Land registry and other registries. In the article it is analysed how this division and the following registration of both titles could allow for the effects to be given to trusts, in case it would be pondered on the benefits of accession of Croatia to the Hague Convention on the Law Applicable to Trusts and on their Recognition. Accordingly, after the exposition of Croatian law, it is given a short overview of English trust with emphasis on trusts of land and, subsequently, of the rules of the Hague Convention on the Law Applicable to Trusts and on their Recognition. In the conclusion it is argued that perceived incompatibility of trust with civilian legal system can be overcome in Croatia with the help of extant legal rules regarding conditionally transferred ownership. Also, this incompatibility has already been refuted in several European continental countries from which examples lessons should be studied and learned, what would be the next step in the deliberations on the accession to the Hague Convention on the Law Applicable to Trusts and on their Recognition.

This study want to identify and analyze directly the implementation of the Constitutional Court Decision Number 18 / PUU-XVII / 2019 regarding the Fiduciary Guarantee Execution and to find out how the default settlement procedure in credit agreements in cooperatives with Fiduciary Guarantee and the obstacles faced in the process of executing fiduciary guarantees. This research is the result of field research field research, the formulation of the problem examined is how the fiduciary guarantee execution mechanism in the Constitutional Court decision No.18 / PUU-XVII / 2019 and how the implementation of fiduciary guarantee execution after the MK decision No.18 / PUU-XVII / 2019 at the Wahidiyah Ta'awun Union Kepanjen. Before the issuance of the Decision of the Constitutional Court Number 18 / PUU-XVII / 2019, the execution of guarantees for debtors who have defaulted is regulated under Articles 29 to Article 34 of Law Number 42 of 1999 concerning the Execution of Fiduciary Collateral. After the Constitutional Court Decision, the execution of fiduciary guarantees is carried out by negotiation and mutual agreement of the default, if there is no agreement between the Debtor and the Cooperative Management, then the applicable legal procedure must be carried out, namely a civil lawsuit in court.

L'articolo affronta il tema della validitŕ della ricerca-intervento nella psicologia di comunitŕ. Tre sono i tipi di validitŕ in questo ambito: la validitŕ ecologica, la validitŕ relazionale e la validitŕ trasformazionale. Sebbene tutti e tre i tipi siano importanti, a parere di chi scrive, la validitŕ relazionale e quella trasformazionale sono le piů adeguate per la ricerca-azione in ambito comunitario. La validitŕ relazionale poggia sui processi di fiducia e mutuo rispetto tra ricercatori e partecipanti nonché sulla costruzione di un contesto relazionale che renda possibile l'accesso fisico ed interpersonale alla comunitŕ. La validitŕ trasformazionale fa riferimento ai processi di cambiamento promossi nella comunitŕ grazie alla realizzazione della ricerca-intervento ed alla sostenibilitŕ per la comunitŕ dei cambiamenti avviati.

The mutual fund market timing scandal and continuing investigative probes read like a Greek tragedy. It is beyond comprehension how senior investment management executives would become willing accomplices in fleecing their clients’ assets, impairing their portfolio managers’ investment returns and destroying the reputations of some of the industry’s greatest fiduciary brands. This paper looks at the systemic roots of the scandal and how Canary Capital Partners enlisted the help of Bank of America Securities Executives to market time the bank’s inhouse mutual funds in violation of SEC forward pricing regulations.

OBJECT Fiducial-based registration (FBR) is used widely for patient registration in image-guided neurosurgery. The authors of this study have developed an automatic fiducial-less registration (FLR) technique to find the patient-to-image transformation by directly registering 3D ultrasound (3DUS) with MR images without incorporating prior information. The purpose of the study was to evaluate the performance of the FLR technique when used prospectively in the operating room and to compare it with conventional FBR. METHODS In 32 surgical patients who underwent conventional FBR, preoperative T1-weighted MR images (pMR) with attached fiducial markers were acquired prior to surgery. After craniotomy but before dural opening, a set of 3DUS images of the brain volume was acquired. A 2-step registration process was executed immediately after image acquisition: 1) the cortical surfaces from pMR and 3DUS were segmented, and a multistart sum-of-squared-intensity-difference registration was executed to find an initial alignment between down-sampled binary pMR and 3DUS volumes; and 2) the alignment was further refined by a mutual information-based registration between full-resolution grayscale pMR and 3DUS images, and a patient-to-image transformation was subsequently extracted. RESULTS To assess the accuracy of the FLR technique, the following were quantified: 1) the fiducial distance error (FDE); and 2) the target registration error (TRE) at anterior commissure and posterior commissure locations; these were compared with conventional FBR. The results showed that although the average FDE (6.42 ± 2.05 mm) was higher than the fiducial registration error (FRE) from FBR (3.42 ± 1.37 mm), the overall TRE of FLR (2.51 ± 0.93 mm) was lower than that of FBR (5.48 ± 1.81 mm). The results agreed with the intent of the 2 registration techniques: FBR is designed to minimize the FRE, whereas FLR is designed to optimize feature alignment and hence minimize TRE. The overall computational cost of FLR was approximately 4–5 minutes and minimal user interaction was required. CONCLUSIONS Because the FLR method directly registers 3DUS with MR by matching internal image features, it proved to be more accurate than FBR in terms of TRE in the 32 patients evaluated in this study. The overall efficiency of FLR in terms of the time and personnel involved is also improved relative to FBR in the operating room, and the method does not require additional image scans immediately prior to surgery. The performance of FLR and these results suggest potential for broad clinical application.

In this article, the authors develop and test a theory on the effect of institutional investor heterogeneity on CEO pay. Their theory predicts that institutional investors’ incentives and capabilities to monitor CEO pay are determined by the fiduciary responsibilities, conflicts of interest, and information asymmetry that institutional investors face. Their theory suggests, in contrast to previous literature, that public pension funds and mutual funds exert different effects on CEO pay at their portfolio firms because they do not have the same monitoring incentives and capabilities. Using a longitudinal sample of S&P 1500 firms for the years 1998 to 2002, the authors find that public pension fund ownership is more negatively—indeed, oppositely—associated with both the level of CEO pay and CEO pay-for-performance sensitivity than mutual fund ownership. Their findings suggest that (a) researchers’ use of institutional investor classifications that do not distinguish public pension fund ownership and mutual fund ownership can be misleading and (b) while CEO pay critics have called for pay plans that are in line with the “less pay and more sensitivity” principle, this may be an ineffective goal to pursue.

In the electron tomographic (EM) reconstruction process the mutual alignment between projections of different view angles is a crucial step. The routinely used alignment method is based on fiducial markers': a single-axis tilt projection series is collected with gold particles distributed on the specimen, the positions of high density gold beads on the projections are found, and the relationship between the specimen and the digital projection coordinate systems is determined from least-square fitting these found bead positions. There are four alignment parameters for each projection: two in shifts, one in in-plane rotation, and one in magnification. In the threedimensional studies of subcellular biological structures, we routinely collect data sets of more than 100 projections in the tilt range of ±75 ° with our automated EM set-up. Normally around 10 bead positions are used on each projection to achieve the alignment. Bead alignment used to be a laborious task since approximately 1000 bead positions need to be hand-picked for each data set.

The European Arrest Warrant (EAW) represents the first instrument based on the principle of mutual recognition in criminal matters. Its approval aimed expressly at replacing the lengthy extradition procedures that existed among European countries, in order to achieve a more effective cross-border judicial surrender procedure. According to the statistics concerning the use of the EAW, this goal has been accomplished. Anyway, its great success has risen many issues concerning the correct balance between freedom and security. From this perspective, this PhD Thesis analyses the Framework Decision 2002/584/GAI, the Italian implementation law, as well as the most significant judgments of the Italian Supreme Court and of the European Court of Justice. In the last chapter, the Author focuses on the related problem consisting in the excessive use of the EAW, suggesting the introduction of a proportionality test – led by the issuing judicial authority as well as by the executing one – which could represent a suitable path to reach a balance between repressive needs and protection of fundamental rights.

La finance islamique s'appuie sur un modèle d'intermédiation bancaire à taux zéro. C'est par conséquent une finance dite libre d'intérêt. Elle nécessite en outre l'adossement de toutes les transactions à un actif tangible tout en étant fondée sur le partage des profits et des pertes. Elle permet de regrouper toutes les techniques qui permettent de mettre des fonds à la disposition d'un agent économique pour répondre à ses besoins à court ou à long terme, sans violer l'interdiction absolue de recevoir une rémunération sous formes d'intérêts, ni les autres principes fondamentaux édictés par le droit musulman. D'après les standards de l’AAOIFI, chaque banque islamique doit se doter d'un conseil de conformité à la charia, composé de jurisconsultes et d’experts en finance islamique (scharia scholars) indépendants désignés par l'Assemblée générale des actionnaires de l'établissement. Composé au mois de trois savants, le rôle de la sharia board est de valider et de certifier les contrats et les transactions financières de la banque. Pour ce faire il est chargé de spécifier les règles de conformité avec les principes de la jurisprudence islamique et de contrôler leur application. Il doit ainsi procéder à des vérifications des activités entreprises par la banque, des procédures et de la documentation qui les accompagnent. Le périmètre de la finance islamique couvre les activités historiques d'un marché financier. Les banques y jouent un rôle important et leur intermédiation reste prédominante dans la collecte de l'épargne et le financement des projets. L'appel public à l'épargne passe par le marché des sukuk. Aujourd'hui, on s'accorde à reconnaître qu'un système économique et technique, global, a saisi le monde. Il s'agit d'un système financier, de l'économie concurrentielle de marché tend à devenir une idéologie, dans la mesure où il n'est pas organisé en termes de fins ni de valeurs. Ainsi, on s'intéresse d'abord à présenter la mobilisation de la finance islamique en France en insistant sur le marché du sukuk qui a envahi le monde entier. Puis on aborde le sujet de l'assurance islamique (le Takaful) qui est un type d'assurance islamique dans lequel les membres mettent de l'argent en commun pour bénéficier d'une garantie mutuelle contre pertes ou dommages. Fondé sur les préceptes de la charia, l'assurance dite« Takaful » procède de l'idée que les individus doivent coopérer entre eux et se protéger mutuellement. Les compagnies d'assurance takaful sont une alternative aux compagnies d'assurance commerciales classiques, qui vont à l'encontre des principes du riba (l'intérêt), de l'al-mayssir (le hasard), et du al-ghârar (la spéculation), tous prohibés par la charia. Ce travail a principalement permis de montrer la nouvelle place de la France et notamment Paris dans ce marché mondial et il a permis de dresser un état des lieux de la recherche d'alternatives, d'identifier et de comprendre le marché des sukuk sur notre territoire et surtout, de proposer des solutions pour permette à la place de Paris d'être la terre d'accueil du marché des sukuk et de tous les types d'activités financières islamiques, banque d'investissement et de détail, assurance takaful. Et pour faire de la France la capitale de la finance islamique au monde
The development of Islamic finance in the global market and the strong appetite that this compartment has in conventional finance arouses professionals to invite you to consider France to be the location of project finance transactions. Islamic finance is not only directed to the 1.5 billion Muslims. Several western countries are also interested in it because it has interesting features on transparency and banking regulation. Islamic finance is based on the principles of Islamic law (Sharia) that impose justice, fairness and transparency. It relies on a bank intermediation model to zero and is, therefore, called a free financial interest. Free financial interest also requires the backing of all transactions in a tangible asset white being based on both the share of profits and losses. With a range between 2.1 and 5 million Muslims, France has more Muslims that no less than eight members of the Arab League including Lebanon, Kuwait, Qatar, Bahrain, UAE, Palestine, Djibouti and the Comores Islands. This figure shows de facto that France is the first European country by the importance of its Muslim community and will remain so until 2030. With the adoption of tax instructions to avoid penalizing Islamic finance operations compared to convention al operations, the legal framework is present. In addition, the insurance law provides for statutes perfectly compatible with Takaful principles without the need to legislate or amend. France is the world's fifth largest insurance market with a penetration rate of nearly 10% according to the SIGMA journal published by Swiss Re. The 2013 annual report of the FFSA reported 188 billion euros of contributions of ail markets in France. If Takaful solutions arrived to pick only 2% of the French market in France it would become the second global market. Two Islamic instruments have emerged in France first. Sukuk, which is a mutual solidarity through a pooling of risks and resources by a collective way (insured), are shared by the market and by other Islamic insurance (Takaful)

L’ordine europeo di indagine penale, introdotto dalla direttiva 2014/41/UE, è uno strumento di cooperazione giudiziaria nel settore delle prove divenuto imprescindibile a fronte della crescente dimensione transnazionale assunta dalla criminalità, quale conseguenza dell’evaporazione dei confini geografici nello Spazio di libertà, sicurezza e giustizia dell’Unione europea. La direttiva sovranazionale, recepita nell’ordinamento italiano attraverso il d.lgs. n. 108 del 2017, ha dato vita a un istituto avente natura ibrida, animato dal principio del reciproco riconoscimento, che conserva, al contempo, alcuni tratti tipici della mutua assistenza giudiziaria tradizionale, nel tentativo di coniugare l’efficienza investigativa e la tutela delle garanzie fondamentali. Sullo sfondo di un contesto caratterizzato dall’assenza di armonizzazione tra le regole processuali e probatorie nazionali, il meccanismo di acquisizione della prova all’estero ruota attorno al principio di proporzionalità, che prende forma nel giudizio di bilanciamento, da condursi in concreto tenendo conto delle peculiarità del caso, tra le esigenze connesse all’accertamento del reato e il sacrificio imposto ai diritti delle persone a vario titolo coinvolte nelle procedure di emissione ed esecuzione dell’ordine. La presente tesi di dottorato intende fornire un’analisi a trecentosessanta gradi dell’ordine europeo d’indagine, prendendo le mosse dalla disciplina normativa, con l’obiettivo di mettere in luce le principali problematiche emerse nelle sue prime esperienze applicative e individuare soluzioni in grado di accorciare le distanze che separano teoria e prassi. A tal fine, ampio spazio è dedicato alla ricostruzione delle prime pronunce giurisprudenziali rese sul tema dalla Corte di giustizia e dalla Corte di cassazione, che rivelano complessivamente la tendenza a prediligere le istanze di efficienza investigativa a scapito dei diritti della difesa, per poi esporre, in chiave critica, alcuni casi pratici selezionati presso le Procura della Repubblica di Milano e di Monza
The European criminal investigation order, introduced by Directive 2014/41/EU, is an instrument of judicial cooperation in the field of evidence, which has become necessary, given the growing transnational dimension of crime as a result of the sublimation of geographical boundaries in the European Union's Area of Freedom, Security and Justice. The supranational directive, implemented by Italian Legislative Decree no. 108 of 2017, has given rise to a construct of hybrid nature, inspired by the principle of mutual recognition, which maintains, at the same time, certain features typical of traditional mutual legal assistance, in an attempt to combine investigative efficiency and protection of fundamental guarantees. In an underlying backdrop still characterized by the absence of harmonization of national procedural and evidentiary rules, the mechanism for adducing evidence in a foreign country revolves around the principle of proportionality, which in turn takes shape in the context of a balancing judgement - to be conducted in the actual case and taking into consideration the specificities of such case - between the needs related to the detection of crime and the sacrifices imposed on the rights of the persons involved, for various reasons, in the procedures aimed at issuing and executing the relevant order. This doctoral thesis intends to provide a comprehensive analysis of the European Investigation Order, beginning with its legal framework, for the purposes of highlighting the main problems that have emerged in its early-stage enforcement and of identifying solutions capable of shorten the gap between theory and practice. To this end, a large space is firstly dedicated to the analysis of the early case-law rendered by the Court of Justice and by the Italian Court of Cassation on this theme, which reveals the overall tendency to prefer purposes of investigatory efficiency to the detriment of defense rights; secondly, this thesis critically evaluates some practical cases selected at the Public Prosecutor's Office of Milan and Monza.

This chapter explores how the lack of a fully developed system of British councils contributed to friction in the seventeenth-century dynastic union. British councils were occasionally mooted, involving joint mutual representation of Englishmen and Scots on each kingdom’s privy council, or an additional new British council to resolve disputes. At their most ambitious, such notions involved a wholesale rethinking of the British — even European — state system. However, they were rarely implemented, and many writers on union did not discuss British councils. This conclusion explores why counsel, rather than councils, was left to do the work of lubricating the multiple monarchy, and how its failure to do so exploded in both English and Scottish resentment of foreign counsels in the years around 1700. The two decades after the Revolution of 1688 were a liminal period in which old and new ideas about counsel, parliamentary power and fiduciary monarchy blended.