Effective Enforcement Of Creditors Rights

Author : Masahisa Deguchi
Publisher : Springer Nature
Page : 282 pages
File Size : 52,6 Mb
Release : 2021-11-27
Category : Law
ISBN : 9789811656095

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Effective Enforcement of Creditors’ Rights by Masahisa Deguchi Pdf

The problem of enforcing a money judgment exists in every legal system in the world, but the methods and orientation vary significantly. Effective enforcement proceedings are crucial to ensure full access to justice for creditors. Complete and full knowledge of the debtors’ assets is crucial to choose the appropriate enforcement measure. But each legal system must balance the creditors’ rights to an efficient enforcement with the debtors’ rights. The wide differences between enforcement proceedings mirror the way each society tries to find a balance between confronting rights and interests. This book explores and compares how different legal systems approach these issues with a focus on the discovery of debtors’ assets, which is a common problem for enforcement and execution proceedings in almost every jurisdiction. This is the first book to compare enforcement proceedings around the world and presents a variety of information and country reports from leading experts from four continents. It represents the joint work of academic and legal authorities from Germany, Japan, Korea, France, the UK, Switzerland, Austria, Spain, Poland, Russia, Greece, North America, Taiwan, Brazil, Argentina, Chile, and the EU.

Author : Masahisa Deguchi
Publisher : Unknown
Page : 0 pages
File Size : 54,6 Mb
Release : 2022
Category : Electronic
ISBN : 981165610X

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Effective Enforcement of Creditors' Rights by Masahisa Deguchi Pdf

The problem of enforcing a money judgment exists in every legal system in the world, but the methods and orientation vary significantly. Effective enforcement proceedings are crucial to ensure full access to justice for creditors. Complete and full knowledge of the debtors' assets is crucial to choose the appropriate enforcement measure. But each legal system must balance the creditors' rights to an efficient enforcement with the debtors' rights. The wide differences between enforcement proceedings mirror the way each society tries to find a balance between confronting rights and interests. This book explores and compares how different legal systems approach these issues with a focus on the discovery of debtors' assets, which is a common problem for enforcement and execution proceedings in almost every jurisdiction. This is the first book to compare enforcement proceedings around the world and presents a variety of information and country reports from leading experts from four continents. It represents the joint work of academic and legal authorities from Germany, Japan, Korea, France, the UK, Switzerland, Austria, Spain, Poland, Russia, Greece, North America, Taiwan, Brazil, Argentina, Chile, and the EU.

Author : Lawrence P. King,Michael L. Cook
Publisher : McGraw-Hill/Irwin
Page : 1222 pages
File Size : 54,7 Mb
Release : 1989
Category : Law
ISBN : 0256148236

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Creditors' Rights, Debtors' Protection, and Bankruptcy by Lawrence P. King,Michael L. Cook Pdf

This problem-oriented casebook primarily has a statutory emphasis. Students are challenged to read & interpret the cases in conjunction with the statutes, thereby allowing them to understand & appreciate trends in the law. The first half of the book is devoted to non-bankruptcy remedies & the relationship between debtors & creditors. Bankruptcy materials are presented in the second half. Teacher's Manual available.

Author : International Monetary Fund
Publisher : International Monetary Fund
Page : 108 pages
File Size : 55,6 Mb
Release : 1999-08-02
Category : Business & Economics
ISBN : 1557758204

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Orderly and Effective Insolvency Procedures by International Monetary Fund Pdf

Written by IMF's Legal Department, this book outlines the key issues involved in designing and implementing orderly and effective insolvency procedures, which play a critical role in fostering growth and competitiveness and may also assist in the prevention and resolution of financial crises. The book draws on lessons learned from firsthand experience by some of the IMF's 182 member countries. It includes an analysis of the major policy choices that countries need to address when designing an insolvency system, a discussion of the advantages and disadvantages of these choices, and a number of specific recommendations.

Author : United Nations Commission on International Trade Law
Publisher : United Nations
Page : 90 pages
File Size : 54,7 Mb
Release : 2017-02-16
Category : Political Science
ISBN : 9789210602334

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UNCITRAL Model Law on Secured Transactions by United Nations Commission on International Trade Law Pdf

The UNCITRAL Model Law on Secured Transactions (the "Model Law") deals with security interests in all types of tangible and intangible movable property, such as goods, receivables, bank accounts, negotiable instruments, negotiable documents, non-intermediated securities and intellectual property with few exceptions, such as intermediated securities. The Model Law follows a unitary approach using one concept for all types of security interest, a functional approach under which the Model Law applies to all types of transaction that fulfil security purposes, such as a secured loan, retention-of-title sale or financial lease, and a comprehensive approach under which the Model Law applies to all types of asset, secured obligation, borrower and lender.

Author : Stijn Claessens,Leora Klapper
Publisher : World Bank Publications
Page : 40 pages
File Size : 48,6 Mb
Release : 2002
Category : Bankruptcy
ISBN : 8210379456XXX

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Bankruptcy Around the World by Stijn Claessens,Leora Klapper Pdf

Author : Michael Joseph Fuchs
Publisher : World Bank Publications
Page : 386 pages
File Size : 41,5 Mb
Release : 2002-01-01
Category : Business & Economics
ISBN : 0821351613

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Building Trust by Michael Joseph Fuchs Pdf

Russia's economy has come a long way during its first ten years of transition to a market economy. This publication examines the progress made within the Russian financial sector to promote banking reforms in order to build trust in the stability of the marketplace. The problems and potential solutions identified will also be of relevance to the financial sector within other transition economies.

Author : José Garrido
Publisher : International Monetary Fund
Page : 21 pages
File Size : 43,5 Mb
Release : 2016-07-11
Category : Business & Economics
ISBN : 9781475570243

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Insolvency and Enforcement Reforms in Italy by José Garrido Pdf

Italian banks are burdened with high levels of nonperforming loans, the cleanup of which depends in important part on the efficiency of insolvency and enforcement processes. Traditionally, these processes in Italy have taken very long, hampering the timely cleanup of balance sheets. In response, the authorities have legislated a number of measures. This paper explores the recent insolvency and enforcement reforms and the remaining challenges. These reforms introduce important positive changes that are expected to yield full benefits over the medium to long term. The efficacy of the reforms, including to deal with the current stock of high nonperforming loans, can be enhanced by introducing effective out-of-court enforcement mechanisms, supplemented by a more intensive use of informal and hybrid debt-restructuring solutions. Moreover, there is an urgent need to rationalize the system, which over the years has become very complex and intricate.

Author : Katarzyna Gajda-Roszczynialska
Publisher : V&R unipress
Page : 465 pages
File Size : 50,7 Mb
Release : 2023-08-14
Category : Law
ISBN : 9783737015820

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Impact of the COVID-19 Pandemic on Justice Systems by Katarzyna Gajda-Roszczynialska Pdf

How have the arrangements in European countries regarding the functioning of justice changed in the period of the COVID-19 pandemic? Will the solutions implemented in various countries in the context of the COVID-19 pandemic last and find their place in the legal systems of these countries for a longer period of time? The contributors analyse this in four thematic blocks: The first refers to the impact of COVID-19 on the administration and technical functioning of the judiciary, including international courts. The second part focuses on the impact of COVID-19 on the model of civil procedure, including the effects on general and structural principles such as the principle of openness, writing and oral proceedings, the principle of consistency of panels of judges as well as digitalization. The third refers to the impact of COVID-19 on criminal proceedings. And the last one deals with the impact of COVID-19 on the administrative proceedings.

Author : United States
Publisher : Unknown
Page : 1464 pages
File Size : 42,7 Mb
Release : 1971
Category : Law
ISBN : UOM:39015033909279

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United States Code by United States Pdf

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 43,9 Mb
Release : 2024-04-27
Category : Electronic
ISBN : 9789814469081

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Corporate Ownership and Control by Anonim Pdf

Author : OECD
Publisher : OECD Publishing
Page : 53 pages
File Size : 47,7 Mb
Release : 2023-09-11
Category : Electronic
ISBN : 9789264761827

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G20/OECD Principles of Corporate Governance 2023 by OECD Pdf

The G20/OECD Principles of Corporate Governance help policy makers evaluate and improve the legal, regulatory and institutional framework for corporate governance. They identify the key building blocks for a sound corporate governance framework and offer practical guidance for implementation at the national level.

Author : OECD
Publisher : OECD Publishing
Page : 258 pages
File Size : 48,9 Mb
Release : 2006-08-10
Category : Electronic
ISBN : 9789264025875

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Policy Framework for Investment A Review of Good Practices by OECD Pdf

This Review of Good Practices is published as a companion volume to the OECD Policy Framework for Investment and provides analytical background material on each of the ten chapters of the Framework.

Author : Council of Europe. Committee of Ministers
Publisher : Council of Europe
Page : 24 pages
File Size : 51,9 Mb
Release : 2008-01-01
Category : Political Science
ISBN : 9287163545

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Legal Solutions to Debt Problems by Council of Europe. Committee of Ministers Pdf

The Council of Europe Committee of Ministers' Recommendation Rec(2007)8 on legal solutions to debt problems is the first international legal instrument that estabishes a set of legal principles in order to assist national legislators in introducing or reinforcing laws and policies in this field. The recommendation covers three main areas: prevention of over-indebtedness of individuals and families, alleviation of the effects of debt recovery in order to avoid social exclusion and rehabilitation of over-indebted individuals with due regard to their human dignity.

Author : Eva Storskrubb
Publisher : Springer Nature
Page : 349 pages
File Size : 51,8 Mb
Release : 2023-11-13
Category : Law
ISBN : 9783031385100

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YSEC Yearbook of Socio-Economic Constitutions 2022 by Eva Storskrubb Pdf

Funding of justice has significant consequences for the enforcement of rights and impacts directly on access to justice and the right to a fair trial as constitutional rights. Access to justice in turn essentially impacts on the effective enjoyment of any other constitutional right, since having the actual means to access a court in case of a potential breach strengthens that right. Public funding, such as legal aid, has come under pressure due to the reality of financial austerity measures and the tightening public budgets in many countries. This has contributed to privatization and marketisation of funding in ever more jurisdictions. Private forms of funding include inter alia litigation insurance, third-party litigation finance and crowdfunding, as well as different forms of assigning or selling claims. As public funding is in decline and as market liberalization in the field of justice increases, crucial questions related to the rule of law, access to justice and social and economic development, in the intersection between states, citizens and business are raised. For example, potential questions of conflict of interest and how to ensure a basic level of equality of access to funding, whilst at the same time protecting market freedom. Some of the contributions in the volume deal with the consequences of privatization of funding of justice on access to justice from a general, principled and theoretical perspective. Other contributions deal with specific regulatory developments or issues at the EU level, alternatively at the local level in specific jurisdictions. Further contributions deal with crucial issues of funding of justice in environmental matters, that are increasingly relevant and topical in practice.