Littérature scientifique sur le sujet « Payment of creditors »
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Articles de revues sur le sujet "Payment of creditors":
1
Johan, Suwinto. « Separatist Creditors Problems on Postponement of Debt Payment Obligations Based on the Supreme Court’s Decree Number 30/KMA/SK/I/2020 ». Fiat Justisia : Jurnal Ilmu Hukum 15, no 3 (29 juin 2021) : 207–20. http://dx.doi.org/10.25041/fiatjustisia.v15no3.1956.
Résumé :
Debt Payment Obligation postponement is an effort for creditors and debtors to settle the debts with a more efficient process. The creditor of a company consists of concurrent and separatist creditors. Based on the Supreme Court Decree Number 30/KMA/SK/I/2020 Book I on the Guidelines for the Settlement of Requests for Bankrupt and Postponement of Debt Payment Obligation of the Supreme Court of the Republic of Indonesia, the creditors who can submit Postponement of Debt Payment Obligation (PKPU) are only concurrent creditors. The separatist creditors are not allowed to submit PKPU. This is different from the Bankruptcy and the Postponement of Debt Payment Law Number 37 of 2004. Based on Law Number 37 of 2004, Creditors who can submit Postponement of Debt Payment Obligation are creditors who estimate that the debtor cannot continue to pay debts that are due and can be billed, can request that the debtor be given a postponement of debt payment, to enable the debtor to submit a reconciliatory proposal which includes offering the payment of part or all of the debt to the creditor. However, based on the Supreme Court Decree, only the concurrent creditor can submit Debt Payment Obligation’s postponement. As a result of this Supreme Court Decree, the separatist creditors cannot apply for Debt Payment Obligation postponement. Separatist creditors can propose the postponement of debt payment obligations if the separatist creditor has turned into a concurrent creditor. Separatist creditors become concurrent creditors if the collateral provided value is insufficient for the company’s obligations so that the separatist creditors can propose to be part of the concurrent creditors. By becoming a concurrent creditor, the separatist creditors can submit to be part of the peace proposal and distribute the remaining company assets.
2
Johan, Suwinto. « Material Adverse Change : An Alternative Solution to Suspension of the Debt Payment. » Humaniora 11, no 3 (30 novembre 2020) : 211–18. http://dx.doi.org/10.21512/humaniora.v11i3.6606.
Résumé :
The research aimed to provide alternative solutions with Material Adverse Change (MAC) before reaching the suspension of the debt payment obligation stage. The pandemic situation had caused many companies to experience difficulties in fulfilling their obligations, including payment obligations or debts to suppliers and creditors. If there were circumstances where the company could not fulfill its obligations, then the creditor would be able to collect through debt-restructuring to bankruptcy. The restructuring was carried out through the suspension of the debt payment obligation (Penundaan Kewajiban Pembayaran Utang/PKPU). The research used normative juridical methods. It focused on credit and financing transactions between companies and creditors, both banking or finance companies. The research concludes that before the suspension of a debt payment obligation, companies and creditors should negotiate based on MAC before reaching a lawsuit. In the MAC, there is an explicit clause, and it is agreed by both parties, then the creditor should acknowledge the company’s actual condition.
3
Pramudita, Shabrina Aliya, Kartikasari Kartikasari et Amelia Cahyadini. « KEDUDUKAN HUKUM MENKOMINFO DALAM PELAKASANAAN PERDAMAIAN MENURUT UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG ». Legal Standing : Jurnal Ilmu Hukum 4, no 1 (25 avril 2020) : 101. http://dx.doi.org/10.24269/ls.v4i1.2347.
Résumé :
Susension of Payment (PKPU) is the time given by the law through the commercial court’s judgment where the Creditor and the Debtor are given the chance to discuss the ways to pay their debts by giving the payment plan as a whole or in partial, including if it is considered necessary to restructure the debts. It is known that there is the implementation of the peace agreement in PKPU. The parties in the implementation of the peace agreement are the Creditor and the Debtor. Moreover, it is also known that there are Preferred Creditor and Concurrent Creditor. However, in regard to the classification of the Creditors, there are several cases that show that the Creditor’s legal standing is debatable and it creates a problem during the implementation of the peace agreement in PKPU.
4
Masakke, Fransisca Utami, Irena Hapsari et Syaukah Az-Zahro. « ASPEK AGUNAN SEBAGAI PERLINDUNGAN HUKUM BAGI BANK SELAKU PENYEDIA LAYANAN KREDIT ONLINE ». Perspektif Hukum 20, no 1 (1 mai 2020) : 1. http://dx.doi.org/10.30649/phj.v20i1.236.
Résumé :
The implementation of lending and borrowing money or credit in general requires an additional agreement in the form of a guarantee agreement for the safety of the loan. Debt guarantees are giving confidence to creditors over the payment of debts they have given to debtors, this is due to the law or the issuance of an agreement that is assessoir of the principal agreement. Regarding the nature of the collateral agreement is the assessoir, that agreement follows the principal collateral in the form of a debt or credit agreement. The type of debt collateral can be in the form of material collateral which will give rise to material rights or individual collateral, commonly referred to as borgtocht which will give rise to individual rights as stated in Article 1820 BW. In general, creditors choose to use a material security, because by holding a material security the creditor's position will become the preferred creditor and the material rights over the guarantee will be transferred to the creditor who will give the right to receive debt payments in advance of the execution of collateral objects. In contrast to individual guarantees that only give rise to individual rights and can only be defended to the party making the agreement. However, if credit is done online with electronic mechanisms, how can collateral that can convince and protect creditors as the provider of online credit facilities
5
MAULUDIN, NOVIE AFIF. « KEDUDUKAN KREDITOR SEPARATIS DALAM PROSES KEPAILITAN ». GANEC SWARA 17, no 1 (4 mars 2023) : 24. http://dx.doi.org/10.35327/gara.v17i1.366.
Résumé :
The purpose of this study is to find out how the position of separatist creditors in the bankruptcy process is. To answer the problem formulation of the author. The research method used is a normative juridical research method, namely legal research conducted by examining library materials or secondary data. By collecting and then reviewing library materials or secondary data relevant to this research. The results of the research that the provisions in the Law on Guarantees and the Law on Bankruptcy and Debt Payment Delays in which the position of separatist creditors takes precedence over other creditors, and is a separation of creditors' rights, is the author's interpretation of the above discussion, so hereby the author draws conclusions based on the results of the above discussion. . Separatist creditors have the same rights to liquidate assets in the bankruptcy process as if the debtor is not declared bankrupt. However, there are no firm and fast rules between Article 55 paragraph (1) of Law 37/2004 concerning Bankruptcy and Debt Payment Delays and the Civil Code rules regarding the rights of creditors who decide, which can lead to disputes between creditors who decide and practitioners of bankruptcy. In particular Articles 56 and 59 of Law 37/2004 concerning Bankruptcy and Debt Payment Delays. To avoid the above scenario, the bankruptcy practitioner must ensure that the status of the separatist creditor as a lien holder is adequately protected in the settlement of his claim. The transfer of substantive rights by the curator is considered null and void by law, so the provision of Article 56 paragraph (3) of Law 37/2004 concerning Bankruptcy and Debt Payment Delay in the interpretation section needs to be changed. After the substantive rights expire, the guaranteed creditor will compete directly with other creditors
6
Aprita, Serlika, Amanda Mutia Carissa, Andini Yulia Putri et Sabrina Sabrina. « PENDEKATAN HAK ASASI MANUSIA DEBITOR DAN KREDITOR DALAM PENGUJIAN UNDANG-UNDANG KEPALITIAN DAN PENUNDAAN KEWAJIBAN MEMBAYAR UTANG DIMASA MENDATANG ». Solusi 21, no 1 (1 janvier 2023) : 1–16. http://dx.doi.org/10.36546/solusi.v21i1.715.
Résumé :
The Human Rights Approach of Debtors and Creditors in Testing Bankruptcy Laws and Postponing Bankruptcy Obligations to Pay Debts in the Future is discussed in this study, Along with how Indonesia's legal system's state or evolution with regard to bankruptcy law and the suspension of debt payment responsibilities. Indonesia. In this study, a normative research methodology is used to investigate problems with the law and pertinent literature. According to the study's findings, the Bankruptcy Law and Postponement of Obligation to Pay Future Debt regulates the human rights approach between debtors and creditors when it comes to testing the law. Law Number 37 of 2004 Concerning Bankruptcy and Postponement of Debt Payment Obligations is the name of this regulation. By filing for bankruptcy or requesting a suspension of their debt payment responsibilities, debtors can reach an agreement with their creditors regarding the repayment of their debts. A delay in payment of debt is a time period allotted by law in line with a Commercial Judge's Decision, during which the creditor and debtor can discuss how to pay their debts by drafting a payment plan for all or any of those debts, including by restructuring the debt. Either the debtor or the creditor may ask for a suspension of the debt payment obligations.
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Ariqah, Putri, et Siti Anisah. « ARRANGEMENT OF BANKRUPTCY DEBT REPAYMENT TOWARD EMPLOYEES IN INDONESIA AND GERMANY ». Indonesia Private Law Review 3, no 1 (29 juin 2022) : 53–68. http://dx.doi.org/10.25041/iplr.v3i1.2598.
Résumé :
Employees have special rights in the settlement of bankrupt debts to obtain their rights as regulated in the Indonesian Bankruptcy Law. However, employees must compete with other creditors who also have privileges under bankruptcy law, such as the tax office, insurance policy holder, and bankruptcy fees. Due to the existence of several special creditors, employees do not get their rights in the first order as regulated in the labor law. This study aims to determine the mechanism for filing bankruptcy against debtors in terms of legal entities and the position of employees in paying bankruptcy debts compared to other creditors in the Indonesian and German legal systems. This type of research is normative legal research conducted by examining library materials or secondary data. This study analyzes the mechanism for filing bankruptcy against debtors as legal entities according to the Indonesian and German legal systems which are divided into 3 (three) stages, namely registration, trial, and implementation of the bankruptcy decision. The position of employees in the settlement of bankrupt debts differs between Indonesia and Germany. In Indonesia, for the payment of ''wages'', the position of employees has a ''privilege'' which takes precedence over other creditors. However, for the settlement of ''other rights'' owned by employees, they do not have a privileged position as wages, so they are not included in priority payments. Whereas in Germany, there is a special feature called “bankruptcy money” where the payment of three months' wages will be paid at the preliminary stage of the bankruptcy proceedings. In addition, the position of rights to the social plan, the position of employee receivables are payments that are prioritized over other creditors. Finally, rights that are not included in the bankruptcy money, whose position in a settlement is after the demands of the creditor whose position is higher than the unsecured creditor have been fully fulfilled.
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Nabiu, Musriyadi, Reflis et Aswin. « KORELASI FAKTOR SOSIAL EKONOMI RUMAH TANGGA DENGAN TINGKAT PENUNGGAKAN PENGEMBALIAN KREDIT P4K DI KECAMATAN MUARA BANGKAHULU KOTA BENGKULU ». Jurnal AGRISEP 8, no 2 (16 septembre 2009) : 12–23. http://dx.doi.org/10.31186/jagrisep.8.2.12-23.
Résumé :
This research is intended to study characteristics of P4K creditors who are delinquent their credit payments, examine factors influencing their late P4K credit payments. From 40 P4K creditors, only 23 creditors are able to accessed for this research and willing to participate. Rank spearman correlation and t-test methods are used to analyze the data gathered from respondents. The research finds that the level of family income and respondent’ perception on rural development are highly correlated to the level of P4K credit payment while number of family, working motivation and respondents perception on P4K program are not.Key words: credit payment, socio-economic factors
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Simanjuntak, Jimmy. « TINJAUAN HUKUM ATAS KEWENANGAN KREDITOR MENGAJUKAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG BERDASARKAN UNDANG-UNDANG NOMOR 37 TAHUN 2004 ». Honeste Vivere 33, no 1 (30 janvier 2023) : 69–76. http://dx.doi.org/10.55809/hv.v33i1.193.
Résumé :
: In essence, petition of suspension of debt payment under Indonesian Law (“PKPU) was designed for the achievement of peace between debtor and creditors through homologation. As regulated on Article 222 (3) Indonesian Law Number 37 Year 2004 concerning Bankruptcy and Suspension of Debt Payment (“UU KPKPU”), competency to submit petition of suspension of debt payment was given not only to debtor but also given to creditors. This provision, however, has loopholes that might be misapplied by creditors who did not seek for peace but merely want to collect the debt, which did not aligned with the main purpose of PKPU. This research aims to provide an in-depth analysis concerning the conformity between creditor’s right to submit petition of PKPU under Article 222 (3) UU KPKPU and peace concept of PKPU.
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Prawira, Henry, et Christine S. T. Kansil. « ANALISIS PENERAPAN PASAL 245 UU NO. 37 TAHUN 2004 TENTANG KEPAILITAN DAN PKPU DALAM (STUDI KASUS PUTUSAN NO:03/PDT.SUS-PKPU/2016/PN.NIAGA.JKT.PST.) ». Jurnal Hukum Adigama 2, no 1 (24 juillet 2019) : 629. http://dx.doi.org/10.24912/adigama.v2i1.5255.
Résumé :
Bankruptcy has become a common problem in today's business world, under the Bankruptcy and Suspension of Payment Act, in addition to bankruptcy, one can do so through Suspension of Payment. Suspension of Payment is a method of debt-receivable dispute resolution which is supervised by a supervisory and administering judge, whose final legal product is peace or insolvency. Not all Debtors have good intentions, sometimes payments are made after Suspension of Payment's application is registered. According to the Article 245 of Law Number 37 of 2004 on Bankruptcy and Suspension of Payment, all payments made before the Suspension of Payment are not permitted, after the Suspension of Payment application has been applied for and has been registered at the commercial court in the district court. However there is a dualism of understanding of the prohibition, some claim that the payment is permissible, and some claim that the payment is not permitted. Many Debtors use these payments to abort the formal requirements of Suspension of Payment, which is not in accordance with the legal objectives of justice for all parties, because the usual payment is payment to only a portion of creditors, who have smaller debts, which makes other creditors not get legal certainty, and the consequence of that is that PKPU's application must be rejected. The purpose of this study is to find out how to apply Article 245 of Act No. 34 of 2004 as it should, so that it can be adjusted to the purpose of law, namely justice.
Thèses sur le sujet "Payment of creditors":
1
Costa, Patrícia Barbi. « Os mútuos dos sócios e acionistas na falência das sociedades limitadas e anônimas ». Universidade de São Paulo, 2009. http://www.teses.usp.br/teses/disponiveis/2/2132/tde-06072011-105613/.
Résumé :
Este trabalho propõe-se a analisar os mútuos como direitos creditórios dos sócios das sociedades limitadas e dos acionistas das sociedades anônimas na legislação nacional e o tratamento dado pela legislação falimentar brasileira a esses direitos de crédito, à luz dos mesmos conceitos existentes no Direito Comparado, especificamente na Alemanha e nos Estados Unidos da América. A eleição dos referidos dois países para a análise do Direito alienígena justifica-se porque: (i) a Lei de Insolvência Alemã (Insolvenzordnung InsO), de 5.10.1994, em vigor desde 1.1.1999 e editada em substituição à antiga legislação datada de 1877, que previa os institutos da falência e concordata de forma muito semelhante ao sistema falimentar brasileiro do Decreto-lei nº 7.661, de 21.6.1945 (Decreto-lei 7.661/45), veio a regulamentar os institutos da recuperação e liquidação de empresas, com objetivos também muito semelhantes aos da Lei nº 11.101, de 9.2.2005 (Lei de Recuperação de Empresas e Falências), tendo ainda passado por recente reforma em novembro de 2008; (ii) o Bankruptcy Code, que compõe o Título 11 do United States Code, em vigor desde a reforma inserida no sistema concursal norte-americano por meio do Bankruptcy Reform Act of 1978, foi utilizado como base para muitos dos dispositivos da Lei de Recuperação de Empresas e Falências, seja quanto ao instituto da recuperação extrajudicial, da recuperação judicial ou da falência. Para o estudo do Direito Comparado elegeu-se, assim, um país do direito continental, com legislação bastante avançada e aproximada da nossa; e um país do common law, que foi pioneiro em vários aspectos do direito falimentar, sobretudo na concepção de reorganização de empresas em crise, tendo sua legislação servido de modelo para diversos outros países, além de para o Brasil. Os tipos de sociedades eleitos - sociedades anônimas e limitadas - justificam-se por serem os tipos societários mais utilizados no Brasil e, resguardadas algumas características específicas que assumem em cada ordenamento jurídico, pode-se dizer que são os tipos societários mais utilizados mundialmente; seja sob a denominação, respectivamente, de limited liability partnership e corporation, nos Estados Unidos da América; Gesellschaft mit beschränkter Haftung (GmbH) e Aktiengesellschaft (AktG), na Alemanha; e denominações diversas em outros países. O trabalho (i) busca a intersecção dos seguintes temas: direitos creditórios dos sócios das sociedades limitadas e dos acionistas das sociedades anônimas, direitos patrimoniais dos sócios das sociedades limitadas e dos acionistas das sociedades anônimas, capital social, subcapitalização e, finalmente, direitos creditórios dos sócios e acionistas na falência das sociedades limitadas e anônimas, dentre estes especialmente os contratos de mútuo entre sócios ou acionistas e a sociedade falida; e (ii) estuda os mencionados temas à luz do Direito pátrio e do Direito comparado. Com base nos conceitos acima, este trabalho pretende contribuir para a interpretação das normas que dispõem sobre os direitos creditórios dos sócios e acionistas na falência das sociedades limitas e anônimas, tendo por princípio a adequação da cifra do capital social à realização do objeto social (em oposição à subcapitalização das sociedades), e visando à concessão de crédito, sobretudo mútuos, à prestação de serviços e ao fornecimento de bens à sociedade por seus próprios sócios e acionistas, estes na qualidade de terceiros perante a sociedade, respeitando-se o princípio da separação da personalidade jurídica.The purpose of this study is to analyze loans as credits rights of partners of limited liability partnerships (sociedades limitadas) and shareholders of corporations (sociedades anônimas) under Brazilian law and the treatment granted by the Brazilian bankruptcy law to those credits rights, in view of the same concepts existing under foreign Law, specifically in Germany and in the United States of America. Both countries were chosen for the analysis of the foreign Law due to the facts that: (i) the Insolvency German Law (Insolvenzordnung InsO), as of 10.5.1994, in effect since 1.1.1999 and edited to replace the former legislation of 1877, which foresaw the bankruptcy and concordata institutes in a very similar way to the Brazilian bankruptcy system of Decree-law No. 7.661, of 6.21.1945 (Decree-law 7.661/45), came into force to regulate the institutes of business reorganization and liquidation of companies, also with similar objectives to the ones of the Law No. 11.101, of 2.9.2005 (Business Reorganization and Bankruptcy Law), having passed through a recent reform in November 2008; (ii) the Bankruptcy Code, which composes Title 11 of the United States Code, in effect since the reform brought into effect in the North-American bankruptcy system by means of the Bankruptcy Reform Act of 1978, and which has been used as basis for many rules of the Brazilian Business Reorganization and Bankruptcy Law, regarding the institutes of out-of-court business reorganization, judicial business reorganization and bankruptcy. Thus, for the study of the foreign Law, two countries were elected: one of continental right, with a very advanced legislation and very similar to ours; and the other of common law, pioneer in many aspects of the bankruptcy law, especially with regard to the concept of business reorganization of companies in financial distress, having its legislation as standard for many other countries besides Brazil. The types of companies corporations (sociedades anônimas) and limited liability partnerships (limitadas) were chosen due to the fact that they are the corporate types more used under Brazilian law and, besides some specific features that they assume under each legal system, some may say that they are the corporate types more used worldwide being nominated, respectively, as limited liability partnership and corporation, in the United States of America, or Gesellschaft mit beschränkter Haftung (GmbH) and Aktiengesellschaft (AktG) in Germany; or with other nominations in other countries. This study (i) searches the intersection of the following subjects: credits rights of partners of limited liability partnerships (sociedades limitadas) and shareholders of corporations (sociedades anônimas), patrimonial rights of partners of limited liability partnerships (sociedades limitadas) and shareholders of corporations (sociedades anônimas), corporate capital, undercapitalization/thin-capitalization and, finally, credits rights of partners of limited liability partnerships (sociedades limitadas) and shareholders of corporations (sociedades anônimas) in bankruptcy proceedings, especially with regard to loans granted by partners or shareholders to the bankrupt company; and (ii) studies the referred subjects in view of the national Law and the foreign Law. With basis on the concepts referred above, the study intends to contribute with the interpretation of the rules about credits rights of partners and shareholders in bankruptcy proceedings of limited liability partnerships (sociedades limitadas) and corporations (sociedades anônimas), having as principle the adequacy of the amount of the corporate capital to the accomplishment of the corporate subject (opposed to the undercapitalization of companies), and aiming the granting of credit, the granting of services and the supply of goods to the company by its own partners or shareholders in the capacity of third parties before the company, in accordance with the principle of separation of the corporate entity from its partners or shareholders.
2
Guastella, Maxence. « Les principes directeurs des répartitions de fonds en procédure collective ». Electronic Thesis or Diss., Université Côte d'Azur, 2022. http://theses.univ-cotedazur.fr/2022COAZ0044.
Résumé :
Comment payer les créanciers d'une entreprise placée sous procédure collective lorsque cela n'est pas possible ? Telle est la délicate question que les répartitions de fonds se proposent de résoudre. Le plus souvent, en effet, le montant de l'actif à distribuer est inférieur à celui du passif à apurer. Or, le système juridique ne saurait créer un actif pour corriger cette balance négative. Face à une telle pénurie, le Droit ne peut donc guère qu'arbitrer entre les multiples intérêts en présence. Mais la façon dont il opère cet arbitrage est éminemment problématique. Le régime des répartitions est d'une telle complexité qu'il en devient indéchiffrable, à telle enseigne qu'il est pour ainsi dire impossible de les réaliser correctement. Déterminer le périmètre de l'actif distribuable, identifier les personnes autorisées à participer aux répartitions et les attributs à prendre en considération, définir l'ordre des paiements, c'est-à-dire établir le classement des créanciers et fixer l'ordre des distributions, et rectifier les éventuelles erreurs de répartition, constituent autant d'étapes aussi nécessaires qu'impraticables. Afin d'y voir plus clair, doctrine et praticiens ont exhorté les pouvoirs publics à dégager un ensemble de principes directeurs, et, faute de réponse à cette sollicitation, ont eux-mêmes entrepris leur formalisation. Partant du constat qu'une procédure collective s'analyse en une saisie collective, et, par suite, en une procédure de distribution collective régie par des règles essentielles qui lui sont propres et distinctes de celles gouvernant le droit commun de l'exécution forcée et des procédures de distribution, la présente étude s'appuie sur ces travaux pour livrer une présentation des répartitions de fonds en procédure collective sous la forme d'un système dynamique de principes directeurs destinée à clarifier leur régime juridique et à le rendre praticableHow can the creditors of a company that is the subject of collective insolvency proceedings be paid when it is not possible to do so ? This is the sensitive issue that fund apportionments seek to resolve. Often, the amount of assets to be distributed falls short of liabilities to be discharged. Nevertheless, the legal system cannot create an asset to correct this negative balance. In view of the lack of funds, the law can only arbitrate between the many interests involved. However, the way in which such arbitration works is extremely problematic. The apportionment procedure is so complex as to be incomprehensible, to the extent that it is more or less impossible to carry it out in a satisfactory manner. Determining the perimeter of distributable assets ; identifying the persons authorized to participate in apportionments and the attributes to be taken into consideration ; defining the order of payments, i.e., prioritizing creditors and establishing an order for distributions ; and correcting any apportionment errors are all steps that are at once necessary and unworkable. In order to make sense of all this, legal theorists and practitioners have urged the authorities to issue guidelines and, in the absence of any response to their request, have them-selves set about drafting some. Starting from the observation that collective insolvency proceedings can be seen as a collective seizure, and, therefore, as collective distribution governed by essential rules that are specific to it and distinct from those governing the ordinary law of compulsory enforcement and distribution proceedings, this study draws from such work in order to present fund apportionments in collective insolvency proceedings in the form of a dynamic system of guidelines seeking to clarify their legal regime and render it practicable
3
Low, Hang Yen. « Grounds for withholding payment in documentary credits ». Thesis, University of Birmingham, 2010. http://etheses.bham.ac.uk//id/eprint/1373/.
Résumé :
The documentary credit has for a long time served as a very reliable form of financial instrument in the trading of international goods. The certainty of payment guaranteed under the documentary system is attributed to the autonomous nature of the credit contract, which is that it is independent of and unaffected by the contract of sale which it supports. So long as the documents which are presented strictly comply with the terms of the credit, the paying bank will be under an obligation to pay. However, documents which are non-compliant are also frequently presented in practice. The autonomous characteristic of the instrument also gives rise to problems because there are circumstances where, even though compliant documents are tendered, payment made under the credit would be unfair. This thesis attempts to investigate the various grounds which could provide a basis for withholding payment under a documentary credit. From the perspective of all the main parties involved in a documentary credit transaction, issues relating to payment are of utmost importance. Discrepant documents and fraud, which are well established as valid grounds, will be examined. The thesis will also explore other possible grounds to withhold payment such as illegality, nullity, unconscionability and breach of negative stipulations which exist in the underlying contract connected to the credit. The parameters of these grounds will be identified and where appropriate, recommendations will be made.
4
Cosconati, Egidio. « Mobile payment ». Doctoral thesis, Universita degli studi di Salerno, 2016. http://hdl.handle.net/10556/2359.
Résumé :
2014 - 2015This research concerns the Mobile payment, which is a new scheme of payment: execution of payment transactions where the consent of the payer to execute a payment transaction is given by means of any telecommunication, digital or IT device and the payment is made to the telecommunication, IT system or network operator, acting only as an intermediary between the payment service user and the supplier of the goods and services, or payment transactions executed by means of any telecommunication, digital or IT device, where the goods or services purchased are delivered to and are to be used through a telecommunication, digital or IT device, provided that the telecommunication, digital or IT operator does not act only as an intermediary between the payment service user and the supplier of the goods and services. The research tries to verify the compatibility of the financial values communicated from such innovative system of payment (i.e. phone credit) with the general categories, especially with the notion of legal money (art. 1277 c.c.) in its known and currently diffused forms: coin, banking and electronic money. Because of the fact that the "phone credit" is only a representative value of the price of the phone service used by the customer and provided by the telephone operator, according to the Author it is necessary to distinguish two kinds of phone credit: 1) pre-paid form (subscriber pre-funds its account with the provider of the electronic communications network or service): nulla quaestio, because in this case the monetary values represent the result of the connection established between the phone account and banking (or postal) account; in such case, it is almost certain the nature of the phone credit, which is banking or electronic money; 2) post-paid form (subscriber to the network or service): it is necessary to distinguish between two different kind of recharges. In the first case (phone credit recharged by bank, post and Imel) it seems quite certain that phone credit is banking or electronic money; on the other hand, it is also certain that the these values, “once converted in phone credit”, are burdened by a tie of destination, that should not allow their generalized use (i.e. to buy every kind of goods). In the case of a direct recharge (i.e. without bank, post or Imel), credit fund is not banking money because of the fact that a TELCO is not a bank. And it is neither electronic money, in spite of there being many points of similarity with such kind of money. In fact, art. 1 TUB co. 1, lett. h-ter) is an insurmountable obstacle, and it’s not possible to say that credit phone is legal money because of the nature of subjects involved in the recharge procedure: TELCO still are commercial companies, so they are not allowed to send forth electronic money. In conclusion, the exact nature of the financial values communicated from Mobile Payment (i.e. phone credit) is uncertain, and more in the case of a direct charge. These values, neither electronic, neither banking, seems to place in a sort of so called "monetary limbo", having points of contact and divergence with all kind of currently diffused money. According to the Author, these values are becoming a further monetary species, i.e. phone money, because of the fact that the range of goods and services that it is possible to buy by these value, is constantly increasing. [edited by Author]
XIV n.s.
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MECCA, Virgilio. « L’ADEMPIMENTO DELL’OBBLIGAZIONE PECUNIARIA : IL PAGAMENTO CON STRUMENTI ALTERNATIVI AL DENARO CONTANTE ». Doctoral thesis, Università degli studi di Ferrara, 2013. http://hdl.handle.net/11392/2388924.
Résumé :
Money is whatever is generally accepted in Exchange for goods and represents a temporary adobe of purchasing power to be used for buyng still other goods and service.
the coming of the checkless and cashless society will involve a shift from the check or document system to an electronic system. The order will be transmitted via electronic impulse initiated at a terminal in the merchant's establishment. The merchant will be paid at the instant of the cardholder's order transmittal by means of a credit to his account: the cardholder's account will be debited at the same time.
In Italian civil code art. 1277 there is nominalistic principle that applies to fluctuations in the value of money , that means if an obligation to pay one euro was incurred in 2010 but payable in 2020, it remains an obligation to pay one euro.
This paper analyze the evolution of concept of money and the consequences about nominalistic principle, paying attention to different way to perform the duties of money obligation.
6
Koláček, Martin. « Mortgage credits and live assurance ». Master's thesis, Vysoká škola ekonomická v Praze, 2009. http://www.nusl.cz/ntk/nusl-15475.
Résumé :
Thesis provides an overview of different types of mortgages and mortgage protection assurances available in czech credit and insurance markets. Thesis is composed of detailed description of particular products and case study describing comparison of three types of mortgages: classic anuity mortgage, mortgage with postpone payment of principal in combination with unit linked life assurance, mortgage with postpone payment of principal in combination with investment to securities. The aim was the comparison on the basis of chosen evaluations of unit linked life assurance and securities and determination of boundary percentage value of evaluation by which the combine product become preferable to classic mortgage.
7
Hugo, Charl Francois. « The law relating to documentary credits from a South African perspective with special reference to the legal position of the issuing and confirming banks ». Thesis, Stellenbosch : University of Stellenbosch, 1996. http://hdl.handle.net/10019.1/4676.
Résumé :
Thesis ((LLD (Law))--University of Stellenbosch, 1996.424 leaves single sided printed, preliminary pages and numbered pages 1-356. Includes bibliography, digitized at 300 dpi (OCR), used Bizhub 250.
ENGLISH ABSTRACT: The documentary credit is one of the most important methods of payment utilised in international trade. This versatile instrument is encountered in a variety of forms. In its simplest form it is an undertaking by a bank given on application by a buyer-importer (the bank's client) to pay the seller-exporter (the beneficiary) against delivery of stipulated documents. It has two essential characteristics: (i) the bank's undertaking to pay the beneficiary is independent of the contract of sale and the contract between the bank and its client; and (ii) the bank will pay only against the precise documents stipulated in the credit. In Chapter One the different relationships established between the parties involved are dealt with against this background, and the different types of credits are discussed. Documentary credits are, comparatively speaking, modern instruments. Possible historical origins are explored briefly in Chapter Two. Documentary credits are virtually invariably applied for and issued subject to the Uniform Customs and Practice for Documentary Credits (the UCP). The UCP is a set of rules formulated by the International Chamber of Commerce. The modern history of documentary credits as reflected in the development of the UCP is discussed in Chapter Three. The legal nature of the UCP is analysed from a civilian, common-law and South African perspective in Chapter Four. The legal nature of the relationship between the bank and the beneficiary is the focal point of Chapter Five. The question is approached from a civilian (especially German and Dutch), common-law (especially English and American) and South African point of view. Special attention is devoted to the ability (or inability) of the traditional law of contract of the different jurisdictions to provide a theoretical foundation for (i) the independence of the bank's obligation, and (ii) the irrevocability of the bank's undertaking. The conclusion arrived at is that the South African law of contract is able to provide an adequate basis for this relationship in general and these two matters in particular. In the final chapter the defences available to the bank against the beneficiary's claim are scrutinised, as well as the possibility of the bank being interdicted from paying the beneficiary. Related issues such as anti-dissipation interdicts and attachments in the documentary-credit context are also dealt with. These questions are likewise investigated from a civilian, common-law and South African perspective. This investigation leads to the conclusion that the South African law is essentially in harmony with the law elsewhere and that our courts have been successful to date in protecting the integrity of documentary credits.
AFRIKAANSE OPSOMMING: Die dokumentêre kredietbrief is een van die belangrikste betalingsmetodes wat in die internasionale handel aangewend word. Hierdie buigbare middel kan 'n verskeidenheid van vorms aanneem. In sy eenvoudigste vorm is dit 'n onderneming deur 'n bank wat op aansoek van 'n koper-invoerder (die bank se kliënt) aan die verkoper-uitvoerder (die begunstigde) gegee word. Dit het twee essensiele eienskappe: (i) die onderneming van die bank om die begunstigde te betaal is onafhanklik van die koopkontrak sowel as die kontrak tussen die bank en sy klient; en (ii) die bank sal slegs betaal teen lewering van die presiese dokumente vereis in die kredietbrief. In Hoofstuk Een word die verskillende verhoudinge tussen die partye betrokke teen hierdie agtergrond bespreek asook die verskillende tipes kredietbriewe. Dokumentere kredietbriewe is relatief gesproke moderne instrumente. Moontlike historiese oorspronge word kortliks in Hoofstuk Twee verken. Kredietbriewe word bykans sonder uitsondering aangevra en uitgereik onderworpe aan die Uniform Customs and Practice for Documentary Credits (die UCP). Die UCP is 'n stel reels wat deur die Internasionale Kamer van Koophandel opgestel is. Die moderne geskiedenis van kredietbriewe soos in die ontwikkeling van die UCP weerspieel, is die hoofonderwerp van Hoofstuk Drie. In Hoofstuk Vier word die regsaard van die UCP vanuit die perspektief van die regstelsels baseer op die ius civile, die common-law stelsels en die Suid-Afrikaanse reg beskou. In Hoofstuk Vyf word op die regsaard van die verhouding tussen die bank en die begunstigde gefokus. Die aangeleentheid word benader vanuit 'n ius civile (veral Duitse en Nederlandse) perspektief, 'n common-law (veral Engelse en Amerikaanse) perspektief, asook 'n Suid-Afrikaanse perspektief. Besondere aandag word verleen aan die vermoe (of onvermoe) van die tradisionele kontraktereg in die verskillende jurisdiksies om 'n teoretiese grondslag daar te stel vir: (i) die onafhanklikheid van die bank se verpligting; en (ii) die onherroepbaarheid van die bank se betalingsonderneming. Daar word tot die gevolgtrekking geraak dat die Suid-Afrikaanse kontraktereg wel in staat is om 'n bevredigende basis vir die verhouding in die algemeen, en hierdie twee aangeleenthede in die besonder, daar te stel. In die laaste hoofstuk word aandag geskenk aan die verwere wat 'n bank teenoor die begunstigde se aanspraak kan opper, asook aan die moontlikheid dat die bank by wyse van interdik belet kan word om die begunstigde te betaal. Verwante aangeleenthede soos interdikte in securitatem debiti en beslagleggings in die konteks van kredietbriewe word ook bygehaal. Hierdie aangeleenthede word eweneens vanuit 'n ius civile, common-law, en Suid-Afrikaanse perspektief benader. Die ondersoek lei tot die gevolgtrekking dat die Suid-Afrikaanse reg breedweg beskou in harmonie is met ander stelsels en dat ons howe die integriteit van kredietbriewe tot dusver suksesvol beskerm het.
8
Huempfer, Sebastian. « Burdens of a creditor nation : business elites and the transformation of US trade policy, 1917-62 ». Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:35788251-ff21-4421-af08-4998a7f11bde.
Résumé :
My research seeks to explain the evolution of trade policy debates among American business leaders between World War I and the 1960s. The key finding is that a new framework for discussing trade policy was widely adopted after the United States became a creditor nation during World War I. This framework related tariffs and imports to exports, international lending and American foreign policy. High levels of imports ceased to be a threat and instead came to be seen as a pre-requisite for high levels of exports and a well-functioning global economy; raising the levels of imports, including through tariff cuts, became a strategy for providing American allies and debtors with dollar revenues. This new insight into the political economy of American foreign economic policy is based on new evidence from the archival records of business associations and a wide range of other primary and secondary sources. In addition to bringing to light new evidence, my research also addresses some of the gaps that still exist in the literature on the history of the foreign economic policy of the United States, the Cold War and transatlantic relations.
9
Cleaveland, Mary Catherine. « The relationship between r&d investment and dividend payment tax incentives and their role in the dividend tax puzzle ». unrestricted, 2006. http://etd.gsu.edu/theses/available/etd-12122006-125647/.
Résumé :
Thesis (Ph. D.)--Georgia State University, 2006.Ernest R. Larkins, committee chair; Fred A. Jacobs, Detmar W. Straub , Sally Wallace, committee members. Electronic text (100 p.) : digital, PDF file. Description based on contents viewed Aug. 9, 2007. Includes bibliographical references (p. 78-85).
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Parisi, Fernanda Drummond. « Transação tributária no Brasil : supremacia do interesse público e a satisfação do crédito tributário ». Pontifícia Universidade Católica de São Paulo, 2016. https://tede2.pucsp.br/handle/handle/7038.
Résumé :
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Previous issue date: 2016-03-11Coordenação de Aperfeiçoamento de Pessoal de Nível Superior
This study is focused on the tax transaction between the Government and tax payers. The scope of the analysis of this legal institute, created to be an alternative way to set up tax obligations, goes beyond the interpretation of the instrument itself, covering theoretical and axiological assumptions contained explicitly or not, in the legal system. Tax transaction may be a mean of tax credits payment arising from law obligation, but as it is an alternative by regular payments, it does really need to be understood from a systemic point of view, covering the whole legal system. The transaction is not really new, but it hasn´t already been totally accepted by legal operators because there are a lot of prejudices regarding the alternative tax mean of payment. Actually people are still afraid that transaction become a legal tool to avoid taxation and may reduce state revenues compromising the supremacy of the public interest. The tax credits are required by Government activity endorsed by law contains and are protected by lots of rules that guarantees the liability presumed of credits obligations. That is why this study´s scenario seems to be so challenging. It seems very important to spend some reflection on this issue and to understand the tax payments in a bigger perspective, although it can´t be a complete study, it may bring some lights to the subject. The relevance of the study gets bigger considering the actual Judiciary crises, because it is outstanding knowledge of mostly law suits are filed by Public revenues in order to charge not payed taxes. So this study claims are indeed necessary and will be leaded by the new thinking about the supremacy of public interest and its impact on demand of tax debt
O presente trabalho tem por foco o estudo da transação tributária, instituto previsto no Código Tributário Nacional como causa de extinção do crédito tributário. A análise transcende a compreensão do instituto como tal, abrangendo pressupostos teóricos e axiológicos positivados de forma expressa, ou não, no ordenamento jurídico, com vistas à verificação da harmonização da causa extintiva com a supremacia do interesse público e com a indisponibilidade do crédito tributário. Isso porque, conquanto a transação seja, efetivamente, causa de extinção do crédito tributário, a análise de sua relação de pertinência em nosso sistema jurídico, além da expressa previsão no Código Tributário Nacional, é o que se busca pelo presente estudo. Com efeito, a norma de transação esbarra em preconceitos concebidos ao longo da história do direito tributário nacional, calcados nos arraigados conceitos de supremacia do interesse público e da indisponibilidade do crédito tributário, os quais muitas vezes são interpretados ou concebidos de forma ultrapassada. Outrossim, como o crédito tributário é exigido a partir da atividade dos entes tributantes de forma estritamente vinculada à lei, sendo protegido por um sem número de privilégios e garantias previstos no Código Tributário e Lei de Execuções Fiscais, há uma tendência de resistência às formas alternativas de solução de conflitos relativos à sua exigência e cobrança, dentre elas, a transação. Assim, em que pese o cenário descrito se revelar um tanto desafiador, a proposta deste trabalho é ampliar a perspectiva da análise do instituto jurídico e redimensionar o seu impacto nos antigos conceitos de supremacia do interesse público e garantias do crédito tributário, de modo a permitir novas e inovadoras reflexões sobre o tema e acerca da tributação sob um ponto de vista macro. É dizer, o intuito deste estudo não é desvendar a transação tributária em todas as suas dimensões e nuanças ou esgotar o tema, mas apenas trazer luz e novas ideias sobre questão que se apresenta como solução a um sistema tributário e processual tributário manifestamente em crise
Livres sur le sujet "Payment of creditors":
1
Warren, William D. Payments and credits. 8e éd. New York : Foundation Press Thomson/West, 2011.
2
Warren, William D. Payments and credits. St. Paul, MN : Foundation Press, 2013.
3
Warren, William D. Payments and credits. 6e éd. New York : Foundation Press, 2004.
4
Blum, Brian A. Bankruptcy and debtor/creditor : Examples and explanations. 3e éd. New York : Aspen Publishers, 2004.
5
Blum, Brian A. Bankruptcy and debtor/creditor : Examples and explanations. Boston : Little, Brown, 1993.
6
Jordan, Robert L. Negotiable instruments, payments and credits. 4e éd. Westbury, NY : Foundation Press, 1997.
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Jordan, Robert L. Negotiable instruments, payments, and credits. 5e éd. New York : Foundation Press, 2000.
8
Torvund, Olav. Pengekravsrett. [Oslo] : Tano Aschehoug, 1997.
9
Allinson, Stephen Paul. Debt recovery. Harlow : Longman, 1990.
10
Goode, Royston Miles. Goode on payment obligations in commercial and financial transactions. London : Thomson Reuters (Professional) UK Limited, 2013.
Chapitres de livres sur le sujet "Payment of creditors":
1
Salcic, Zlatko. « Security for Payment of Credits Covered by ECAs ». Dans Export Credit Insurance and Guarantees, 152–59. London : Palgrave Macmillan UK, 2014. http://dx.doi.org/10.1057/9781137366818_17.
2
Monterroso, Iliana, et Erin Sills. « Interaction of Conditional Incentives for Ecosystem Conservation with Tenure Security : Multiple Roles for Tenure Interventions ». Dans Land Tenure Security and Sustainable Development, 201–23. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-81881-4_10.
Résumé :
AbstractThis chapter examines the role of tenure in conditional incentives for ecosystem conservation, often known as PES or payment for ecosystem services. PES systems that mimic market exchange require that resource tenure be clear and uncontested. In practice, there are different levels of conditionality in PES and different types of tenure challenges. REDD+, or Reducing Emissions from Deforestation and Forest Degradation, was initially conceived as a PES system embedded in a global exchange of carbon credits, thus requiring secure forest tenure. We examine one global initiative to achieve that, the Dedicated Grant Mechanism for Indigenous Peoples and Local Communities. Cases in Peru and Indonesia illustrate how tenure interventions can both enable implementation of conditional incentives and become part of those incentives.
3
Pandit, Bishnu Hari, Netra Kumari Aryal et Hans-Peter Schmidt. « Social-Ecological Transformation Through Planting Mixed Tree Species on Abandoned Agricultural Land in the Hills of Nepal ». Dans Fostering Transformative Change for Sustainability in the Context of Socio-Ecological Production Landscapes and Seascapes (SEPLS), 77–93. Singapore : Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-33-6761-6_5.
Résumé :
AbstractA project entitled, “Building village economies through climate farming & forest gardening” (BeChange) was implemented in four municipality areas of the Tanahun and Lamjung districts of Nepal from May 2015. In order to assess changes in the social-ecological system that result from this project targeting abandoned agricultural lands, this case study was conducted using various methods: triad grouping, GPS point surveys, household surveys, focus group discussions (FGDs), field observation and reports. A participatory approach in reforestation on abandoned agricultural land with introduction of carbon credits has become a new livelihood strategy for local communities. It has not only attracted domestic and international tourists, but also helped to conserve biodiversity and local ecology. This activity also united village women and indigenous communities as triad groups for collaborative outcomes. A total of 42,138 seedlings of mixed tree species such as Michelia champaca, Elaeocarpus ganitrus, Bassia butyraceae, Bauhinia purpurea, and Cinnamon tamala were planted by 276 families on abandoned agricultural land between May 2015 and July 2018. However, as of 2020, this range has expanded to include 635 families with plantations of more than 65,000 seedlings. The set-up and maintenance of these forest gardens were financed with advanced payments for the carbon sink services of the planted trees. Farmers who succeeded with tree survival rates above 80% received an additional yearly carbon sink payment. The outcomes of the project show significant improvements in food security and tree biodiversity in the project villages. Of the total sampled households, almost half (45%) were under extreme poverty and had food sufficiency for only 3 months/year before the project. With the project, this percentage dropped to 22%, signals the emergence of seeds for transformative change.
4
Daza, Vanesa, Roberto Di Pietro, Flavio Lombardi et Matteo Signorini. « SOLDI : Secure Off-Line Disposable CredIts to Secure Mobile Micro Payments ». Dans E-Business and Telecommunications, 340–62. Cham : Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-25915-4_18.
5
Ivanova Boncheva, Antonina, et Alfredo Bermudez-Contreras. « Blue Carbon in Emissions Markets : Challenges and Opportunities for Mexico ». Dans Springer Climate, 265–83. Cham : Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-82759-5_13.
Résumé :
AbstractMangroves are ecosystems made up of trees or shrubs that develop in the intertidal zone and provide many vital environmental services for livelihoods in coastal areas. They are a habitat for the reproduction of several marine species. They afford protection from hurricanes, tides, sea-level rise and prevent the erosion of the coasts. Just one hectare of mangrove forest can hold up to 1,000 tons of carbon dioxide, more than tropical forests and jungles. Mexico is one of the countries with the greatest abundance of mangroves in the world, with more than 700,000 ha. Blue carbon can be a novel mechanism for promoting communication and cooperation between the investor, the government, the users, and beneficiaries of the environmental services of these ecosystems, creating public–private-social partnerships through mechanisms such as payment for environmental services, credits, or the voluntary carbon market. This chapter explores the possibilities of incorporating blue carbon in emissions markets. We explore the huge potential of Mexico’s blue carbon to sequester CO2. Then we analyse the new market instrument that allows countries to sell or transfer mitigation results internationally: The Sustainable Development Mechanism (SDM), established in the Paris Agreement. Secondly, we present the progress of the Commission for Environmental Cooperation (CEC) to standardize the methodologies to assess their stock and determine the magnitude of the blue carbon sinks. Thirdly, as an opportunity for Mexico, the collaboration with the California cap-and-trade program is analysed. We conclude that blue carbon is a very important mitigation tool to be included in the compensation schemes on regional and global levels. Additionally, mangrove protection is an excellent example of the mitigation-adaptation-sustainable development relationship, as well as fostering of governance by the inclusion of the coastal communities in decision-making and incomes.
6
« OTHER SOURCES OF PAYMENT FOR CREDITORS ». Dans Corporate and Personal Insolvency Law, 443–44. Routledge-Cavendish, 2013. http://dx.doi.org/10.4324/9781843145820-87.
7
Miller, Gareth. « Insolvency and the Enforcement of Orders for Financial Provision ». Dans The Family, Creditors, and Insolvency, 229–40. Oxford University PressOxford, 2004. http://dx.doi.org/10.1093/oso/9780199269358.003.0010.
Résumé :
Abstract The bankruptcy of a person against whom an order for financial provision or property adjustment has been made may create serious difficulties for the person in whose favour such an order has been made. An order for periodical payments involves a continuing obligation on the part of the person against whom it is made with the continuing risk of insolvency and bankruptcy on his part and the position is often aggravated by the accumulation of arrears. The obligations imposed by other forms of provision are normally expected to be discharged within a short time of the making of the order by the provision of security, the payment of a lump sum, or the transfer or settlement of property as the case may be, but the person against whom such orders are made may become bankrupt before they have been completed or become effective.
8
He, Fang. « The Effects of System Features, Perceived Risk and Benefit, and Customer Characteristics on Online Bill Paying ». Dans Electronic Services, 1719–53. IGI Global, 2010. http://dx.doi.org/10.4018/978-1-61520-967-5.ch105.
Résumé :
Along with the exponential increase in online business transactions, the online payment system has gained in popularity because vendors and creditors realize its growing importance as a foundation to improve their information infrastructure and to achieve “paperless” operating efficiency.However, due to per se different characteristics among customers and Web-systems, both sides’ perspectives and technology factors could cause a significant level of variation in customers’ acceptance of online payment methods. Our research involving 148 subjects who participated in a field survey, examined the impact of a series of possible decision factors, including perceived risk, perceived benefits, vendor’s system features, and customers’ characteristics, on the intention to use an online payment system by customers. The results suggest that vendors/creditors should:one, pay particular attention to improving the security and the ease-of-use of their transaction network; and two, focus on adding necessary option features, such as recurring automatic deductions, so that they can speed up the transformation process and encourage customers to switch to using online payment methods.
9
Parry, Rebecca. « Avoidance of Floating Charges (Insolvency Act 1986, Section 245 : Corporate Insolvency Only) ». Dans Transaction Avoidance in Insolvencies. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198793403.003.0021.
Résumé :
A floating charge, of course, increases the likelihood upon the winding up of the debtor that a creditor will receive payment for sums that the creditor has advanced. Conversely, the existence of a charge over property reduces the likelihood of payment for creditors, such as those who supplied the property in the first place. Limitations have accordingly been placed on the availability of such charges in order to ensure that any creditor obtaining the advantage of this method of security has earned the priority that it confers. Section 245, which applies only in the context of liquidation and administration, provides that any floating charge that is created within a specified period of the onset of insolvency is void except to the extent that the charge holder advanced value to the debtor at the same time as, or after, the creation of the charge. Unlike many of the other avoidance provisions, the operation of section 245 is automatic and does not depend on an application being made by the liquidator or administrator. An exception to the operation of section 245 applies in the context of financial collateral arrangements.
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Parry, Rebecca. « Avoidance of Unregistered Company Charges (Companies Act 2006, Section 859H) ». Dans Transaction Avoidance in Insolvencies. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198793403.003.0020.
Résumé :
The presence of a charge over a company’s property will reduce the likelihood of an unsecured creditor obtaining payment, or at least a substantial dividend, in the insolvency of the company. The prudent unsecured creditor will bear this in mind in assessing whether to advance credit to a company, and at what level. For this reason a system of charges registration has long been employed, initially with a separate scheme for England and Wales and another for Scotland, in order that unsecured creditors can be aware of the presence of charges. This system has recently been revised and simplified and a single scheme now applies in the UK with effect from 6 April 2016. Charges created by UK companies prior to that date remain subject to the previous regime.
Actes de conférences sur le sujet "Payment of creditors":
1
Manoleva Mitrovska, Danče. « НАПЛАТА ПОТРАЖИВАЊА БАНКЕ ПО ОСНОВУ УГОВОРА О КРЕДИТУ БАЗИРАН НА МЕНИЦИ И ИСПЛАТА ПОВЕРИЛАЦА У СТЕЧАЈУ ДУЖНИКА ». Dans XV Majsko savetovanje : Sloboda pružanja usluga i pravna sigurnost. University of Kragujevac, Faculty of Law, 2019. http://dx.doi.org/10.46793/xvmajsko.185mm.
Résumé :
Payment security upon the Loan Agreement has an important role in the execution of the liabilities which result from the Loan Agreement. Those age legal instruments which those legal instrument have undergone. The bill of exchange in the Macedonian low is an instrument of payment security which enhances the debtor ‘s liability and supports the creditor’s claim. The bill of exchange as an instrument of payment security has many advantages which make it special and which should bring to every creditor enhancement of the claim and increase the chances for collection.This is especially manifested by the increase of the number of solvent and financial sound signatories of the bill of exchange. The main shortcomings of the bill of exchange as payment security are the severity of the procedure and the impossibility of direct collectionfrom a bank accont. Naemely, the bill of exchange is personal – legal instrument for payment security and its major shortcoming is the characteristic which is common for all personal – legal instruments, that’s is, the fact that it is aimed to the entire property of the debtor, instead of certain tangibles from which the creditor would be able to collect the debit with a priority in reation to the other creditors.
2
Okay Toprak, Aslı, Canan Özge Eğri et Güldenur Çetin. « The Usage of Credit Cards : An Empirical Analysis on Turkish College Students ». Dans International Conference on Eurasian Economies. Eurasian Economists Association, 2019. http://dx.doi.org/10.36880/c11.02263.
Résumé :
In recent years, there has been a dramatic increase in the number of credit card usage among university students. Credit cards can be a convenient payment tool that gives university students a number of advantages and benefits to learn financial responsibility when it can be used in a controlled and responsible manner. On the other hand, using credit cards also have serious financial consequences when mismanagedly used. The excessive credit card debt and overdue payments give burden on university students’ shoulders before starting their full-time jobs. Besides that, when the other debts such as education credits are added, inevitable stress and anxiety make negative impacts on their newly started adult life. Also, lack of experience on using credit cards and personal financial information, tend to put some students at a higher financial risk due to a large and perhaps unmanageable debt burden. Therefore, rising number of students who use credit cards increases the concern for these long-term negative results of the credit card. In this context, we aim to evaluate the basic demographic and socio-economic factors that affect the attitudes of Kırklareli University students towards credit card ownership, credit card usage, and to evaluate the students' ability to manage their financial situation.
3
Daza, Vanesa, Roberto Di Pietro, Flavio Lombardi et Matteo Signorini. « FORCE - Fully Off-line secuRe CrEdits for Mobile Micro Payments ». Dans International Conference on Security and Cryptography. SCITEPRESS - Science and and Technology Publications, 2014. http://dx.doi.org/10.5220/0005053201250136.
4
Motta, Eduardo Marchetti Pereira Leão da, Gabriela de Castro Resende, Adriel Andrade Palhares, Lívia Pereira Araújo et Luiza Fonseca Cortat. « Proposal of financial instrument to combat climate change ». Dans ENSUS2023 - XI Encontro de Sustentabilidade em Projeto. Grupo de Pesquisa Virtuhab/UFSC, 2023. http://dx.doi.org/10.29183/2596-237x.ensus2023.v11.n1.p409-419.
Résumé :
Climate Change is increasingly being considered in public and private institutions’ strategies. It can negatively affect people’s lives and businesses, but also create opportunities. In the state of Minas Gerais, the Environmental State Foundation (FEAM)) has developed a tool that measures municipalities’ climate change vulnerability, linking factors of exposure and sensitivity to damages, as well as adaptation capacity. In this study, a fund was designed aiming to operationalize Payment for Environmental Services as a mechanism to remunerate landowners in municipalities that have extreme climate vulnerability, with the objective of collecting financial resources from companies interested in investing in sustainability and allocating the balance of this transaction to these municipalities. In return, companies would generate carbon credits that can be sold in the market, creating revenue,improving corporate reputation and increasing social and environmental impact of their businesses.
5
SIMONE, Pierluigi. « THE RECASTING OF THE OTTOMAN PUBLIC DEBT AND THE ABOLITION OF THE CAPITULATIONS REGIME IN THE INTERNATIONAL LEGAL ACTION OF TURKEY LED BY MUSTAFA KEMAL ATATÜRK ». Dans 9. Uluslararası Atatürk Kongresi. Ankara : Atatürk Araştırma Merkezi Yayınları, 2021. http://dx.doi.org/10.51824/978-975-17-4794-5.64.
Résumé :
The recast of the international debt contracted by the former Ottoman Empire and the overcoming of the capitulations regime that had afflicted Turkey for centuries, are two of the most relevant sectors in which the political and diplomatic action promoted by Mustafa Kemal Atatürk has been expressed. Extremely relevant in this regard are the different disciplines established, respectively, by the Treaty of Sèvres in 1920 and then by the Treaty of Lausanne in 1923. After the Ottoman Government defaulted in 1875, an agreement (the Decree of Muharrem) was concluded in 1881 between the Ottoman Government and representatives of its foreign and domestic creditors for the resumption of payments on Ottoman bonds, and a European control of a part of the Imperial revenues was instituted through the Administration of the Ottoman Public Debt. At the same time, the Ottoman Empire was burdened by capitulations, conferring rights and privileges in favour of their subjects resident or trading in the Ottoman lands, following the policy towards European States of the Byzantine Empire. According to these capitulations, traders entering the Ottoman Empire were exempt from local prosecution, local taxation, local conscription, and the searching of their domicile. The capitulations were initially made during the Ottoman Empire’s military dominance, to entice and encourage commercial exchanges with Western merchants. However, after dominance shifted to Europe, significant economic and political advantages were granted to the European Powers by the Ottoman Empire. Both regimes, substantially maintained by the Treaty of Sèvres, were considered unacceptable by the Nationalist Movement led by Mustafa Kemal and therefore became the subject of negotiations during the Conference of Lausanne. The definitive overcoming of both of them, therefore represents one of the most evident examples of the reacquisition of the full sovereignty of the Republic of Turkey.
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Lacatus, Maria liana, et Camelia Staiculescu. « TEST OF ECONOMIC LITERACY - IMPORTANT OPEN RESOURCE FOR ONLINE ECONOMIC EDUCATION AND RESEARCH. » Dans eLSE 2016. Carol I National Defence University Publishing House, 2016. http://dx.doi.org/10.12753/2066-026x-16-146.
Résumé :
The paper presents the importance of electronic instruments in research on economic literacy and how economic education websites are functioning in order to make people aware about the need for economic education. Two important instruments are presented: the test of economic literacy (TEL) and economic barometer (EB) posted on some frequently accessed economic education websites, such as http://www.councilforeconed.org/ or http://www.fte.org/ developed by organizations with particular interest in economic education field: Council for Economic Education (CEE) and Foundation for Teaching Economics (FTE). These instruments are also accessible at www.cree.ro and were used to measure the level of economic literacy in Romania and to briefly inform people about economic growth. In addition, the paper presents other instruments accessible on the websites of many banks in Romania such as http://www.educatiefinanciara.info/ website developed by Romanian Association of Banks to test financial knowledge of population and to provide relevant information in financial domain. Banks' interest is mainly oriented to savings and credits, payments and mobile banking. All the electronic instruments used are relevant for a massive impact and open online education. The second part of the paper is focused on the results of an economic literacy survey based on TEL conducted online. The Romanian version of TEL is accessible at www.cree.ro and is an open resource. It can be self-administrated by anyone interested in getting information about his or hers level of understanding economics and applying economic knowledge in the real life. Persons who complete the test receive an instant feed-back and become aware of the main economic issues they need to understand deeper. The final part of the paper is a conclusive one and emphasizes the need to increase the level of economic literacy and to repeat annually the economic literacy survey.
Rapports d'organisations sur le sujet "Payment of creditors":
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Flandreau, Marc. Pari Passu Lost and Found : The Origins of Sovereign Bankruptcy 1798-1873. Institute for New Economic Thinking Working Paper Series, juin 2022. http://dx.doi.org/10.36687/inetwp186.
Résumé :
Verdicts returned by modern courts of justice in the context of sovereign debt lawsuits have upheld a ratable (proportional) interpretation of so-called “pari passu” clauses in debt contracts which, literally, promise creditors they will be dealt with equitably. Such verdicts have given individual creditors the right to interfere with payments to others, in situation where the sovereign had failed to make proportional payments. Contract originalists argue that this interpretation of pari passu clauses has no historical foundation. Historically, they claim, pari passu clauses never granted individual creditors a unilateral right to block payments to other bondholders assenting to a government debt restructuring proposal. This article shows this claim is incorrect. Drawing on novel archival research, it argues that pari passu clauses find one potent historical origin in the operation of a now forgotten sovereign bankruptcy tribunal, the London stock exchange. Under the law of the stock exchange, departure from ratable payments did create a unilateral right for individual creditors to interfere with sovereign debt discharges. In fact, ratable distributions provided the touchstone for the stock exchange sanctioned sovereign debt discharge system. What is more, sophisticated contract drafters availed themselves of the logic. The result was a weaponization of pari passu clauses, and their inscription into sovereign debt covenants in the 19th century. The article concludes that the modern debate on the role of clauses in sovereign debt contracts cannot be held without thorough reconsideration of the history of sovereign bankruptcy.