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The purpose of the study was to disclose the content of agrarian receipts and the mechanism for their application in the settlement system of Ukrainian agricultural producers as an alternative way to attract resources for doing business under martial law in Ukraine, as well as to make proposals for their accounting in order to avoid business risks. The state of lending to agricultural producers during martial law is analyzed and the importance of lending against agrarian receipts is substantiated. The experience of Brazil in the process of lending for the future harvest was assessed. The history of the introduction of agrarian receipts in Ukraine is characterized on the basis of borrowing the idea of Brazil. The essence of agrarian receipts is revealed and the legal framework for their circulation in Ukraine is investigated. The difference between agrarian receipts and other financial instruments (bill, forward contract, pledge) is determined. The problematic aspects of the introduction of agrarian receipts into circulation, which hinder the effectiveness of the use of this tool by agricultural enterprises in the process of attracting financial resources, are systematized. The business models of relationships between counterparties in the process of circulation of agrarian receipts are characterized. Theoretical and practical aspects of accounting for agrarian receipts have been studied and problematic aspects in the methodology for reflecting settlements by agrarian receipts in the system of accounting accounts have been identified. Organizational, methodological and practical recommendations are proposed aimed at improving the procedure for recording transactions with commodity agrarian receipts in the accounting system as an innovative way of financing agricultural producers at the domestic and international levels. This will make it possible to quickly collect data on the circulation of agrarian receipts and improve information support in making managerial decisions by various groups of Ukrainian and foreign stakeholders. [ABSTRACT FROM AUTHOR]

The article examines current issues of science and practice regarding the definition of the essence, signs and legal regulation of a fraudulent transaction as one of the types of contracts in civil law. The importance of the category of “deeds” for civil law is emphasized. Modern scientific positions on understanding the essence of the “fraudulent act” categories are defined and analyzed. The author's vision of the understanding of the above-mentioned category is proposed, under which, in a general sense, a transaction is defined where the debtor (as one of the parties) performs dishonest actions in order to avoid fulfilling his or her obligation to the creditor. The necessity of forming a unified approach to defining the essence of the category of fraudulent transaction is emphasized. The principles of civil legislation, which are violated as a result of the conclusion of a fraudulent transaction, and the court practice on this issue are defined. The essence of the violation of the principle of good faith when concluding a fraudulent transaction is clarified. The need to make appropriate changes to the current civil legislation of Ukraine in order to standardize judicial practice and eliminate existing legislative gaps is emphasized. The judicial practice is analyzed and a review of court decisions regarding the fraudulent transaction and its essential conditions is carried out. It has been established that private law instruments should not be used by participants in civil transactions to avoid paying a debt (money, damages, damage) or to execute a court decision on debt collection (money, damages, damage) that has entered into force. The article notes that a fraudulent contract can be both paid and unpaid. A paid fraudulent contract has its own specifics and features that distinguish it from another fraudulent contract (for example, a free one). The right to evil is singled out as a sign of a committed fraudulent act. Further prospective directions of scientific research on certain issues of fraudulent transactions have been established.

The article is of a scientific and research nature, and its subject matter covers the object of the crime of a creditor's bribery (Article 302 § 2 of the Criminal Code). The article aims to resolve the doubts it raises. The author presents its development in Polish criminal law and analyses the features specified in the provision: a creditor, financial benefits, means of granting them, a promise to grant such benefits, acting to the detriment of other creditors, a relationship between a creditor's action and an insolvency proceeding or a proceeding aimed at preventing bankruptcy, an insolvency proceeding, and other proceedings aimed at preventing bankruptcy. The interpretation of all these notions is proposed in the article based on doctrine and case law. [ABSTRACT FROM AUTHOR]

Copyright of Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The development of the business world is strongly influenced by the business world as one of the economic actors, including the banking business. The business world is also very dependent on the conduciveness of the business climate that supports it. If the business climate conditions are not conducive, it will affect the stability of the business world, and can even cause business actors to suffer losses, which results in the capability and credibility of business actors in carrying out their business activities being disrupted, and can even result in bankruptcy. To maintain the smooth running of their business, business actors must obtain guaranteed protection through legal instruments established by the government. Legal protection given to banks as creditors is needed in maintaining business continuity. This legal protection is very important, considering that banking is an economic joint that supports the most vital national economy. Filing for bankruptcy which requires a minimum of 2 (two) creditors for a bankrupt debtor using the Postponement of Debt Payment Obligation mechanism based on the bankruptcy law and PKPU does not provide a guarantee of sufficient legal protection for creditors. [ABSTRACT FROM AUTHOR]

The purpose of the study was to disclose the content of agrarian receipts and the mechanism for their application in the settlement system of Ukrainian agricultural producers as an alternative way to attract resources for doing business under martial law in Ukraine, as well as to make proposals for their accounting in order to avoid business risks. The state of lending to agricultural producers during martial law is analyzed and the importance of lending against agrarian receipts is substantiated. The experience of Brazil in the process of lending for the future harvest was assessed. The history of the introduction of agrarian receipts in Ukraine is characterized on the basis of borrowing the idea of Brazil. The essence of agrarian receipts is revealed and the legal framework for their circulation in Ukraine is investigated. The difference between agrarian receipts and other financial instruments (bill, forward contract, pledge) is determined. The problematic aspects of the introduction of agrarian receipts into circulation, which hinder the effectiveness of the use of this tool by agricultural enterprises in the process of attracting financial resources, are systematized. The business models of relationships between counterparties in the process of circulation of agrarian receipts are characterized. Theoretical and practical aspects of accounting for agrarian receipts have been studied and problematic aspects in the methodology for reflecting settlements by agrarian receipts in the system of accounting accounts have been identified. Organizational, methodological and practical recommendations are proposed aimed at improving the procedure for recording transactions with commodity agrarian receipts in the accounting system as an innovative way of financing agricultural producers at the domestic and international levels. This will make it possible to quickly collect data on the circulation of agrarian receipts and improve information support in making managerial decisions by various groups of Ukrainian and foreign stakeholders.

The transfer of fiduciary collateral objects by debtors without creditor approval is increasingly common due to the weakening economic conditions of debtors. This study aims to examine the legal protection for creditors holding fiduciary collateral against the transfer of collateral objects by debtors. The research method used is socio-legal research. The study finds a misalignment between existing laws and these legal events, leading to sanctions and criminal threats for debtors in breach. Creditors have the right to file lawsuits in the District Court against debtors for actions detrimental to the creditors. The study concludes that legal protection for creditors in fiduciary collateral transfer cases by debtors needs enhancement, both through regulatory improvements and by increasing the capacity of law enforcement to handle such cases.

The article is devoted to the study of the problems of forming the branch of law and legislation on bankruptcy (insolvency). The purpose of the article is to reveal the characteristic features and signs of the law of bankruptcy (insolvency) and the formulation of the corresponding concept, as well as the justification of the formation of the branch of law and legislation on bankruptcy (insolvency). The author emphasized that after previous scientific studies, where the law of insolvency (bankruptcy) was defined as a sub-branch of commercial law, the legislation on bankruptcy changed significantly, which led to the expansion of its scope. It is substantiated that the codification of bankruptcy legislation also led to changes in the content of the scientific doctrine of insolvency (bankruptcy) law as a sub-branch of a commercial law, in particular in matters of subject, principles and methods of legal regulation of bankruptcy (insolvency) relations. It is proved that the existence of the matter, principles, methods of legal regulation of bankruptcy relations with the updated content, as well as the codification act - the Code of Ukraine on bankruptcy procedures, in totality shows that the law of bankruptcy (insolvency) has the status of a complex branch of law. Signs of bankruptcy (insolvency) law have been identified. This is a complex branch of law that: combines substantive and procedural law norms of other branches of law; regulates public relations related to the insolvency of legal entities and individuals; provides for the assignment by the debtor for the benefit of all his creditors of all his property to the court, which in the universal proceedings, with the help of the arbitration administration, supervises the joint property and disposes of it; imperative and dispositive principles are applied to participants in legal relations in order to achieve a common interest; aimed at full or maximum possible fulfillment of established monetary obligations. The concept of bankruptcy (insolvency) law is formulated as a complex branch of law that combines substantive and procedural norms of other branches of law, regulates social relations related to the insolvency of legal entities and individuals, where in universal legal proceedings using imperative and dispositive principles to the participants of legal relationship in order to achieve common interest, the court, with the help of an arbitration administrator, supervises all the debtor's property and orders with the aim of full or maximum possible fulfillment of established monetary claims of creditors. A new structure of the Code of Ukraine on bankruptcy procedures was proposed, where the fourth book is devoted to cross-border bankruptcy. In the general part, separate sections will refer, in particular, to financial restructuring, pre-trial sanitation, as well as procedural issues of bankruptcy (insolvency). The separation of another code, called the "Code on Insolvency of Individuals" or "Code on Consumer Bankruptcy of Individuals" from the Code of Ukraine on bankruptcy procedures, has been proven. The necessity to include provisions on bankruptcy in the Constitution of Ukraine is argued, since these relations have deeply penetrated into all spheres of the economy and social life of the country. For this purpose, it is proposed to add the words: "legal regime of bankruptcy (insolvency)" to paragraph 8 part 1 of Article 92 of the Constitution of Ukraine. The existence of the branch of legislation on bankruptcy (insolvency) as a union of interrelated legislative acts, including codified ones, which have a common subject of legal regulation of relations related to the insolvency of legal entities is substantiated. [ABSTRACT FROM AUTHOR]

Credit by its nature is a classic economic category which has been already researched in considerable number of scientific works. However, multi aspects character of credit and credit relations in general, its constant transformation in society lead to increased interest concerning cognition of this definition by scientists, Credit relations, as well as money relations, as of today penetrate the whole society and its economic sphere. Actually, credit is one of the movable forces of the country’s economic development. Importance of money-credit relations within economic system of the state and its further functioning stipulates increase of scientific interest of peculiarities arise study and credit development as an economic category. Objective of the article is defining types of credits, their systematization and classification by definite peculiarities. Within the article, main types of credits were analyzed, which can be defined as of today by analyzing of the peculiarities of credit relation functioning and development. Classification of all types of credits was implemented on account of the main peculiarities identification, to the number of which the following were related: under the order of provision, under creditor character, or by the character of the borrowers and by the terms depending on the crediting object, under percentage rate, by means of funds issue and by branch direction of credit, under risk level, by means of credit remuneration and credit payment, at presence of collateral. Combined, all defined peculiarities and relevant types of credit, shall create integrated system of credits classification, which at the present moment comprises the most known and distributed their types. As any other object, system of credits types is constantly in the process of its dynamic development. Transformation of the state’s economic state, change of political configuration of the society development and other exogenous factors stipulate as well continuous change of credit system itself, search and creation of new mechanisms of credits submission by different types of credit institutions, etc. As it is presented by experience of credit market development of Ukraine, it is in continuous state of its dynamic development, and difficulties arise in development of some financial institutions is being changed by activation and rapid development of other credit institutions. Thus, system of credits types classification is constantly being added by new types of credits and relevant peculiarities, under which they can be studied and separated as a single group. [ABSTRACT FROM AUTHOR]

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Copyright of Revista E-mercatoria is the property of Universidad Externado de Colombia, Departamento de Derecho Comercial and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In filing a bankruptcy petition, the petitioner must fulfil the requirements for the petition to be granted by the panel of judges. These requirements are stipulated in Article 2 paragraph (1) in conjunction with Article 8 paragraph (2) of Law No. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. According to these requirements, the bankruptcy petitioner must provide evidence that there are other creditors, either by presenting these other creditors as witnesses or by the debtor's acknowledgement in the form of promissory notes or other documents. However, in its implementation, it turns out that the method of proving this is subject to multiple interpretations, leading to legal uncertainty, namely whether other creditors need to be present in the hearing or if the debtor's acknowledgement is sufficient. This research will be conducted using a normative research method, which involves studying legislation with an approach to bankruptcy cases in Indonesia. [ABSTRACT FROM AUTHOR]

Copyright of Vakıflar Dergisi is the property of T.C. Vakiflar Genel Mudurlugu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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In restructuring proceedings, supervision over the debtor’s assets is exercised by a judicial supervisor, who performs duties of significant importance not only for the arrangement proceedings. The effects of the judicial supervisor’s actions have an impact not only on the manner and timing of satisfying the debtor’s creditors, but in certain situations may influence the possibility of even partial satisfaction of the creditors. Therefore, an important issue is to determine the powers and duties of the judicial supervisor and thus his character and legal position in the arrangement procedure. The subject of this article is the presentation of the above issues and an attempt to determine the role that has been assigned to it by the legislator in the arrangement procedure.

Purpose: To determine small and medium-sized enterprises’ (SMEs) perception related to their trade credit management effectiveness. Design/methodology/approach: Quantitative research design with purposive sampling as the sampling method, administrated to 10 450 SMEs within South Africa. Findings/results: The results indicate SMEs perceive their trade credit management as effective. Practical implications: The article reveals how SMEs perceive their trade credit management by identifying their effectiveness in managing trade credit. Originality/value: By raising awareness pertaining to SMEs’ perceptions around their trade credit management effectiveness, SMEs can become more observant of their own trade credit management effectiveness and overall finances. Thereby, SMEs’ awareness could be improved to become financially viable and, in so doing, empower SMEs to foster economic development within South Africa. Given the results revealing SMEs’ perception as effective in managing trade credit, the study adds value by providing insight as to what financial problems, apart from trade credit ineffectiveness, could contribute to their business failure. There is a need therefore to investigate why SMEs continue to fail at such high rates because of financial problems in order to determine the root causes and types of financial problems contributing to SME business failure.

The concept of fraudulent alienation in Iranian law is complex, particularly concerning criminal and civil law. Although the law acknowledges the term "alienation", legal professionals and judicial precedents have often referred to it as a transaction. Consequently, when analyzing this criminal act, it becomes necessary to delve into the exact meaning of the term and determine whether it encompasses unilateral legal actions. Additionally, the interpretation of "motive" within the realm of criminal law requires further scrutiny. From a civil standpoint, legal practitioners have proposed various possibilities, such as "nullity," "invalidity," and "non-enforceability of the contract towards the creditor," to address the legal consequences of such criminalized transactions. This article critically examines how well each of these conventional legal solutions aligns with the true intentions of the legislator and explores the potential for alternative legal scenarios. Our hypothesis posits the "absolute validity" of fraudulent alienation concerning the parties involved in the transaction and the creditors. [ABSTRACT FROM AUTHOR]

Copyright of International Journal of Legal & Comparative Jurisprudence Studies (LCJS) / Mağallaẗ al-Duwaliyyaẗ Li-&-Dirāsāt al-Qānūniyyaẗ Wa-al-Fiqhiyyaẗ al-Muqāranaẗ is the property of Refaad for Studies, Research & Development and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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The article presents a comparative study on insolvency crimes in Chile in relation to insolvency criminal legislation in the United States, Germany, and Spain. The criminal regulation of insolvency in each country is analyzed, highlighting the differences in bankruptcy processes and punishable behaviors related to asset concealment. The reforms to bankruptcy legislation in Spain and Chile are discussed, as well as the importance of harmonizing insolvency criminal law with bankruptcy legislation. The need for punitive reinforcements to prevent criminal behaviors related to insolvency is also raised. The article concludes that the existence of insolvency criminal law is necessary to protect creditors and highlights the increase in these crimes in different countries. [Extracted from the article]

Copyright of Studia Iuridica Lublinensia is the property of Maria Curie-Sklodowska University in Lublin and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The legal nature of the subsidiary liability of the members of the management bodies of the insolvent debtor is the subject of extensive doctrinal as well as practical debates in national jurisprudence. Subsidiary liability concerns only the members of the management bodies that are expressly provided for by law and only if through their actions they have contributed to the company ending up in the cessation of payments, respectively in the impossibility of executing its obligations when due and as a result, when applying the procedure of insolvency. [ABSTRACT FROM AUTHOR]

The generality of the bankruptcy law in the current legal system of Iran, in relation to the non-merchant debtor, has caused legal gaps in the support of creditor and debtor, and the lack of compatibility of this law with the Law of Indigency and Insolvency (Arabic: اَلْقانونُ الْإفْلاسُ وَ الْإِعْسارُ) has caused non-compliance of legal laws in the bankruptcy issue from jurisprudence. Explanation of the preferred aspects of the law of indigency, including public crediting to the debtor, observance of the principle of equality between debtors, preventing the escape of debt, and the enactment of laws appropriate to the fundamentals of jurisprudence and Islamic law will cause the expansion and promotion of commercial relations and will develop the economic and commercial system. A distinction, on the other hand, was created between the Bankruptcy and Law of Indigency and Insolvency by the enactment of the Financial Convictions Act 2015 which although it was done with the aim of clarifying the Commercial Code, but as a result of the implementation, faced problems, such as increasing claims of insolvency and the economic system disruption. Therefore, in this research, the revival of the Law of Indigency in the bankruptcy system of Iran has priority due to its inclusion and generalization towards the merchant and non-merchant and prevent disruption of the business system and economic order of the society, and will provide support to both merchant and non- merchant debtors.

Abuzul de drept este un subtil și greu de detectat inamic al bunei-credințe în procesul de executare. Codul de executare nu conține reglementări exprese ale acestuia și nici remedii dedicate. Totuși, prin completarea prevederilor acestuia cu cele ale Codului de procedură civilă, sunt identificate anumite antidoturi procedurale, care vor descuraja comportamentul abuziv al părților procedurii de executare. Articolul prezintă și o analiză a vulnerabilității și deschiderii spre utilizare/interpretare abuzivă a unor norme din Codul de executare, dar și o listă a măsurilor sancționatorii sau compensatorii, direcționate spre anumite comportamente de rea-credință ale debitorului sau creditorului procedurii de executare.

În conținutul prezentului articol am expus caracterele juridice ale contractului privind plata pensiei de întreținere sub aspect comparativ față de cele ale contractului de rentă. Atât în cazul contractului privind plata pensiei de întreținere cât și în cazul rentei, părți ale contractului sunt persoanele fizice, care dispun de capacitate de exercițiu și, respectiv, părți ale contractului de rentă pot fi și persoanele juridice. În primul caz, obiect al contractului constituie întreținerea creditorului care se află întotdeauna în relații de rudenie cu debitorul obligației, pe când în cazul contractului de rentă, legătura de rudenie nu este condiție esențială a raportului juridice. De reținut că ambele tipuri de contracte își au reglementare în legislația civilă, astfel încât executarea, modificarea, rezilierea și declararea nulității se operează în conformitate cu prevederile Codului Civil. Selectarea contractului plății pensiei de întreținere sau a contractului de rentă nu este una opțională, reieșind din cercul limitat al subiecților privind obligația de întreținere reglementat de Codul familiei.

Prezentul articol constituie o analiză – fără a pretinde să fie exhaustivă - a limitărilor instituite de legiuitor pentru urmărirea patrimoniului debitorului în procedura de executare. Articolul cuprinde clasificări a acestor limitări, a criteriilor și rațiunilor ce le determină și supune unei analize critice suficiența și justificarea limitărilor de urmărire existente în legislația națională. Totodată, sunt analizate reglementări similare din legislația română, fiind învederate aspecte ce ar putea fi îmbunătățite în reglementările naționale. Concluziile articolului includ sugestii de modificare a legislației în vederea sporirii calității de reglementare și a eficienței atingerii unui just echilibru între drepturile creditorului și cele ale debitorului în procedura de executare.

Bankruptcy is a complete confiscation of the debtor's assets to end debtor-creditor conflicts or to ensure that these assets are divided equally among creditors. The purpose of this study is to examine how Indonesian civil law is used to analyze the rights and obligations of creditors with retention rights in the distribution of bankrupt assets. Research using the Systematic Literature Review method, found 15 articles that match the criteria, with search strings from 2013 to 2023. The results of the study show that Commercial Court Judges will grant Suspension of Debt Payment Obligations (PKPU) to debtors and creditors to facilitate negotiation of payment methods, both in whole or in part, including debt restructuring if necessary. Debtors are required to file for bankruptcy if they have more than two creditors and outstanding debt obligations. The bankruptcy petitioner only loses his civil rights to manage and control his assets; they retain their civil rights to engage in other civil acts. This grant is legally considered as part of the bankruptcy estate, managing third party assets and appointing third parties to act as attorneys in legal proceedings, debtors are still allowed to maintain their legal status. The implication of this research is to provide an overview of the rights and obligations of creditors with retention rights in the distribution of bankruptcy assets based on Indonesian civil law.

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Actualitatea științifică a articolului constă în evidențierea aspectelor pozitive ale practicii europene și modalitățile de implementare a unor reforme pentru sistemele actuale ale Republicii Moldova. Pornind de la specificul instituțiilor financiare precum şi asupra activităților acestora, se propune implementarea unor procese simplificate şi mai efective, după practica internaţională, care ar spori şansele ca o bancă să revină la activitatea obişnuită, sau în cazurile agravate să fie reduse consecinţele negative nu doar asupra companiei juridice cât şi a minimiza cheltuielile bugetare. Autorul evaluează starea actuală şi dezvoltarea pieţei bancare şi ajustarea legislației în vigoare la standarde şi proceduri mai efective. Rezultatul lucrării constă, în opinia autorului, în conturarea căilor de utilizare eficientă a resurselor în scopul soluționării cât mai rapide a litigiilor apărute într-un proces de lichidare a unei bănci şi crearea unui cadru legal care ar proteja instituția financiara, clienţii cât şi contribuabilii unui stat. Articolul prezintă și o analiză complexă a procedurilor aplicate atât pe teritoriul Republicii Moldova, cât şi în practica internaţională asupra băncilor aflate în stare de insolvenţă, factorii de risc pentru o activităţile unei bănci, metodele si tehnicile propuse pentru optimizarea procesului de intervenţie a statului pentru ameliorarea stării unei bănci în contextul politicilor interne dar şi a procesului de globalizare.

Description and appraisal of real property is one of the critical stages of enforcement against the property. It requires cooperation between a court bailiff and a property appraiser (an expert) and the enforced debtor. Unfortunately, in practice, there is often a problem with conducting a property inspection because debtors are not interested in cooperating with the enforcement authority or an efficient and quick conduct of this procedure. On the other hand, an incorrect appraisal of the value of the property may be to the detriment of the debtor and the creditor, as well as give rise to liability of the appraiser and the bailiff for damage towards the parties to the enforcement proceedings as well as third parties. Therefore, in this article the author analyses the interpretation of the current legal status regarding the indicated issues as well as proposes statutory changes, which is all the more important given the very unstable jurisprudence observed in the practice of applying the law. As the author of this study clearly emphasizes, the lawmaker should opt for a uniform approach to the changes, i.e., amend the provisions on the description and appraisal by adding a provision on the appropriate application of Article 814 of the Code of Civil Procedure during the performance of these tasks, while at the same time regulating the issue of who will be in charge of management over such an open real property or enable description and appraisal to be conducted in the event of no cooperation between the bailiff and the debtor under limited conditions, i.e., using real property data that can be obtained on the basis of the available sources of information.

Article 952 (1) of the Code of Civil Procedure, in which the lawmaker has introduced new legal regulations into the domestic legal order regarding enforcement from real property used for housing purposes by a debtor, came into force on May 30, 2020. The aim of this study is to evaluate the above-mentioned legal regulation through the prism of the provisions of the Constitution of the Republic of Poland. There is no doubt that enforcement from real property concerns rights in property of both the parties to the enforcement proceedings, i.e. the debtor’s ownership title and the right in property of the creditor in the form of a claim. These rights are covered by the guarantees provided for in Article 64 of the Polish Constitution. Moreover, the right to enforce a court judgment, i.e., the right to effectively satisfy the entitled person in enforcement proceedings, is one of the components of the constitutional right to a court, enshrined in Article 45(1) of the Polish Constitution.

Expropriation of real property as a collateral for a loan agreement was in practice used to exploit the debtor's coercive position or to mislead the debtor. Certainly, the real goal of the debtor was not to divest themselves of their assets or their only house or flat, but merely to obtain a loan. However, the enormous costs of the loan, over and above the interest only, deceitfully concealed from the debtor at the time of entering into a loan agreement, made it simply impossible to repay the loan and resulted in the loss of the debtor's house or flat. This huge social problem would not have transpired if not for the jurisprudence of courts of law or decisions of notaries or court en-forcement officers who often accepted non-equivalence of considerations of both the parties to a contract. Therefore, in 2020, the lawmaker rightly introduced a law whereby a greater part of such agreements is invalid. Furthermore, the so-called Usurious Loans Act of 2022 will eliminate abuses in the loan market by introducing, inter alia, a precise limit on non-interest costs and supervision to be exercised by the Polish Financial Supervision Commission (KNF).

Indisponibilizarea bunului care constituie obiectul prestaţiei executate de debitor către terţul contractant în temeiul actului juridic declarat inopozabil constituie o interdicţie legală de a dispune de bun. Indisponibilizarea are menirea de a asigura posibilitatea realizării efective a dreptului de urmărire a bunului respectiv de către creditorul reclamant. Indisponibilizarea bunului se grefează pe ideea de protecţie efectivă a drepturilor pe cale judiciară. Indisponibilizarea reprezintă un efect legal al admiterii acţiunii pauliene, care operează fără a fi necesară indicarea expresă în dispozitivul hotărârii judecătorești

The impetuous evolution of market relations has led to the need for proper legal regulation of several aspects of economic life, including those relating to insolvency and crime in this area. However, the insolvency and its specificity, as a complex legal institution, include norms in the field of civil law, contravention, labor law, etc. Finally, all this has a direct link with the field of economic relations within society. At the beginning of the millennium, it was found that insolvency issues could not be solved only in the area of civil law in this matter. Intensive redistribution of property has led to the emergence of new forms and ways of evasion. The systematization of judicial practice in the field of insolvency highlights a wide application of this institution, including for reasons of profit or gain. The high degree of danger and the wide spread of these deeds have necessitated the operation of interventions in the matter of the appropriate sanctioning of the crimes related to insolvency. All these circumstances have determined the need to identify effective levers in the fight against illegal insolvency. We also recognize that law enforcement agencies are not adequately trained to effectively prevent and combat insolvency offenses. In these circumstances, we find that so far the forensic science has not developed an appropriate methodology in the field of investigation of insolvency offences.

The modernization of the Civil Code of the Republic of Moldova has brought with it several legislative innovations, among which is the Pauline action (revocation). The scope of Pauline’s action covers, in principle, all civil legal acts, regardless of the category to which they belong. From a practical point of view, the determination of the Pauline action’s application scope relies in the identification of exceptions to the general rule. The revocation action’s application scope has limitations resulting from the methods and forms of defense of subjective civil rights and the competition between these methods. The object of the Pauline action can be only a valid and efficient legal act, which means that if there are grounds for nullity or inefficiency, applicable will be the methods of finding or declaring nullity, finding inefficiency, finding simulation. From the perspective of determining the Pauline action’s application scope, it is relevant to address certain legal acts or facts that provoke doctrinal controversy - declaring the unenforceability of a payment made in the benefit of the creditor by the debtor; the possibility of challenging the court decision by prejudiced creditors through a Pauline action as a result of the debtor’s fraudulent procedural behavior. The institution of Pauline action holds sufficient “elasticity” to ensure a veritable protection against various fraudulent legal acts to which the debtor may resort to.

Secured Credit Transactions (SCTs) are necessary and unavoidable transactions that business owners engage in to ensure their businesses thrive. However, because of the possibility that a person seeking to take a loan may be desperate and be taken advantage of in a time of dire need, or on the other hand, the possibility that the party may present fake properties as security for the loan, there are legal requirements that both the debtor and the creditor must meet. This paper addresses the possible parties to the SCT and the condition each category of the party must meet for the transaction to be valid. It further identifies the measures to be implemented to ensure the validity of Secured Credit Transactions. This paper finds that Nigerian Law protects both the creditor and the debtor to ensure that the SCT does not fail and none of the parties run at a loss. This paper concludes that there is a need to further protect the debtor and the creditor against failed SCT and to ensure that parties are aware of the Legal requirement for successful SCT in Nigeria. This paper recommends that the age of infants should be reviewed and made uniform across the country and that there should be a possibility to have a thorough investigation of the title of landed properties online. [ABSTRACT FROM AUTHOR]

The transition to the market economy determined substantial changes in the entrepreneurial sphere. One of the peculiarities of these changes refers to the ‗phenomenon' and procedure of bankruptcy of legal entities and entrepreneurs. With the initiation of reforms related to the formation of a market economy, the question of creating legal regulatory mechanisms in the field of insolvency also arose, including by establishing criminal liability for violations and deviations from the legal provisions in this field. Currently, the forensic endowment of the investigation of criminal deeds related to insolvency is characterized by an insufficient elaboration of some theoretical and practical bases in this regard. Noting the factual absence of substantial forensic research in the matter of investigating the deeds of fictitious insolvency and intentional insolvency, however, it is necessary to draw attention to the fact that the emergence and consolidation of forensic knowledge related to the investigation of these categories of crimes appeared at the dawn of the last century. Although a considerable part of research in the field contributes to the strengthening of knowledge related to the investigation of crimes related to insolvency, until now, we do not have complex research related to the specific features and particularities of the investigation of this type of crimes. However, the present study represents a modest attempt to expose some particularities specific to the initial investigations of fictitious insolvency and intentional insolvency deeds. [ABSTRACT FROM AUTHOR]

This article questions whether the limited liability partnership form which was introduced in Nigeria in 2020 is set to displace the private company as the legal form of choice for small businesses and owner-managed entities. It compares the legal provisions relating to the private company and the limited liability partnership as provided for under the Companies and Allied Matters Act 2020, and highlights their relative strengths and weaknesses. It notes that while the attractions of the limited liability partnership are significant, recent reforms of the private company may have also positioned that form to be relevant and equally appealing to small businesses. It concludes that while the limited liability partnership will be highly appealing to professional partnerships in Nigeria, the private company would continue to remain relevant for some time to come particularly as it is now possible for sole proprietors to trade under that form as one-man companies. [ABSTRACT FROM AUTHOR]

Historically, if a creditor through his conduct prejudiced or injured a surety in the latter's rights or interest, the surety was entitled to claim release from his obligations under the general prejudice principle. However, the principle was summarily rejected by the Supreme Court of Appeal in Bock v Dubororo Investments (Pty) Ltd 2004 2 SA 242 (SCA), and it may now be determined whether there exists another interpretation in order to ensure its survival. This article considers the historical application of the general prejudice principle in suretyship agreements under South African law since the principle’s original incorporation from the English law up until its outright rejection by the Supreme Court of Appeal in Bock. It then aims to reinterpret the principle in the light of ordinary contract law principles as being nothing more than a breach of contract by the creditor. [ABSTRACT FROM AUTHOR]

Copyright of Bylye Gody is the property of Cherkas Global University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of College of Law Journal for Legal & Political Sciences / Magallat Kulliyyat Al-Qanun Li-L-ulum Al-Qanuniyyat Wa-Al-Siyasiyyat is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Veritas Luris is the property of Lazarski University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This research evaluates the peace arrangements in PKPU and their potential to cause injustice to debtors. It also examines the legal implications of bankruptcy decisions on rejected peace plans submitted by debtors to PKPU. The research uses a statutory, conceptual, and case approach, drawing from primary legal materials such the 1945 Constitution of the Republic of Indonesia, BW, HIR, RBG, the Bankruptcy and PKPU Laws, the Judicial Powers Law as well as PKPU decisions. Secondary sources such as scholarly articles and books authored by bankruptcy and PKPU experts, as well as tertiary sources such as dictionaries and encyclopedias, were also utilized. The research findings reveal that: (1) the rejection of the settlement by the creditor causes injustice, due to the creditor's unreasonable grounds for rejection. However, the Bankruptcy Law and PKPU grant rights to the creditor under Article 222 paragraph (2), Article 289, and Article 281, enabling them to bankrupt the debtor on the grounds that the debtor's peace plan does not cover the entire amount of the debt. (3) a bankruptcy decision resulting from the rejection of a debtor's peace plan is an unsuitable decision that causes significant losses for both the debtor and the creditor.

Debt guarantees attached to building use rights above property rights are prone to problems, especially if there is default or there has been no repayment but the building use rights have expired. Based on that, this study aims to analyze the imposition of Mortgage Rights on land with building use rights on property rights and explain the legal protection for creditors as the holder of Mortgage Rights. The type of research that will be used is normative research. In this study will use a statutory approach or statute approach. The data collection technique used was literature study with prescriptive analysis techniques. The results of this study indicate that building use rights over property rights can be charged with mortgage rights. The creditor as the party holding the Mortgage must apply the precautionary principle in the event of default by the debtor. As for the legal protection that can be applied to the imposition of Mortgage Rights on building use rights over property rights through the Deed of Granting Mortgage Rights. This is to accommodate if the process of carrying out the Mortgage auction takes a long time, so that it will affect the term of the right to use the building over the right of ownership. Creditors are also given the authority to renew building use rights over property rights as one of the efforts to prevent the erasure of building use rights over said property rights.

Secured Credit Transactions (SCTs) are necessary and unavoidable transactions that business owners engage in to ensure their businesses thrive. However, because of the possibility that a person seeking to take a loan may be desperate and be taken advantage of in a time of dire need, or on the other hand, the possibility that the party may present fake properties as security for the loan, there are legal requirements that both the debtor and the creditor must meet. This paper addresses the possible parties to the SCT and the condition each category of the party must meet for the transaction to be valid. It further identifies the measures to be implemented to ensure the validity of Secured Credit Transactions. This paper finds that Nigerian Law protects both the creditor and the debtor to ensure that the SCT does not fail and none of the parties run at a loss. This paper concludes that there is a need to further protect the debtor and the creditor against failed SCT and to ensure that parties are aware of the Legal requirement for successful SCT in Nigeria. This paper recommends that the age of infants should be reviewed and made uniform across the country and that there should be a possibility to have a thorough investigation of the title of landed properties online.

Article 2.612 of the Civil Code provides: "The law applicable to the maintenance obligation shall be determined in accordance with the rules of European Union law." The law governing the maintenance obligation is found in the European regulations (European Commission, 2008). Romania has concluded Conventions (e.g. the Convention between Romania and the Kingdom of Belgium on the recognition and enforcement of judgments in matters relating to maintenance obligations) and Legal Assistance Treaties (Government of Romania, 1999; International Act, 1995; Parliament of Romania, 1995; 1997). The legal framework for the application in Romania of European Union regulations and various instruments of private international law in the field of maintenance obligations is Law No 36/2012 on certain measures necessary for the implementation of certain regulations and decisions of the Council of the European Union (2009) and instruments of private international law in the field of maintenance obligations (Parliament of Romania, 2012). Among the European regulations in this field, we have proposed to dedicate our study to the Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations. The Protocol comprises two categories of rules which differ in the nature of the point of connection: - The first category is made up of rules which provide an objective location of the obligatory relationship (Art. 3 - Art. 6); - The second category consists of rules whose point of connection is the will of the parties (Art. 7 to Art. 8). This article is devoted to the presentation of the law applicable to maintenance obligations in the case of conflicting rules whose point of connection is the will of the parties as provided for in Articles 7 and 8 of the Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations. [ABSTRACT FROM AUTHOR]