Search results for "Insolvency"
showing 10 items of 63 documents
Crisi di impresa e allerta: indici, strumenti e procedure
2019
La nuova disciplina delle procedure di allerta e di composizione assistita della crisi, introdotta dal “Codice della crisi d’impresa e dell’insolvenza in attuazione della L. 19 ottobre 2017, n. 155”, con il D.Lgs. 12 gennaio 2019, n. 14, rappresenta uno dei temi più qualificanti e insieme controversi dell’attuale processo di riforma italiano delle discipline della crisi di impresa e dell’insolvenza, evidenziandone le istanze profonde, le novità regolamentari, insieme alle perduranti incertezze e contraddizioni. The Essay consist in an extensive Analysis of the new Rules about Early Warning Tools and Procedures, introduced by the recently approved d.lgs. 12 gennaio 2019, n. 14, laying down t…
Il fallimento in Inghilterra tra Cinque e Seicento
2022
L'articolo studia il primissimo sviluppo della materia fallimentare nella common law tra Cinque e Seicento
Velka, vararikko ja tuomio : konkurssi ja sen merkitykset 1800-luvun suomalaisissa kaupungeissa
2017
This dissertation makes use of legal documents and ancillary official sources revealing the life courses of individuals to explore the implications of bankruptcy and the meanings attached to it at a time when Finnish society industrialized and modernized. Three perspectives serve to support the analysis. At the heart of the study is the domestic economy. Thus the study is concerned with cases of bankruptcy ruin both during life and also after death. Secondly, bankruptcy is addressed as an indicator of economic dynamism and entrepreneurial spirit. Thirdly, attitudes to bankruptcy are approached from the perspective of legal and social forgiveness. The era of industrialization gave rise to ev…
Bankruptcy and restructuring law in Poland
2019
The aim of this study is to present general description of the bankruptcy and restructuring law in Poland. The insolvency law is of fundamental importance to business transactions and investment security. The law on bankruptcy and entrepreneurs’ restructuring is increasingly perceived as an important factor in encouraging economic development and investment as well as a factor favouring entrepreneurs’ activity and preservation of jobs. Substantive condition of the bankruptcy and restructuring law has a very real impact on the economy.
Debt relief through creditors' repayment plan in Poland
2019
Consumer bankruptcy is a relatively new institution in Poland. It has been functioning in the Polish legal system since 2008. The serious amendment to the provisions on consumer bankruptcy made by the Act of 30 August 2019 amending the Act – Bankruptcy Law and some other acts (Journal of Laws 2019 item 1802) will certainly have a significant impact on the remarkable increase in the number of bankruptcy cases. The debt relief of an insolvent natural person non conducting business activity is possible by canceling the debtor's obligations by court order in a separate procedure after the repayment plan has been completed. The debt relief mode discussed in this paper can be described as "classi…
The need for change in the approach to insolvency of sport clubs in the regulations of the European Football Federation
2020
This study concerns the issues of league regulations related to the legal problem of insolvency of football clubs in the context of licenses to participate in competitions. The study presents a brief description of modern European football, including the phenomenon of financial oligarchization of sport, and uneven redistribution of the benefits of sport. The following section presents the relation between lex sportiva and state law; the legal position and importance of UEFA; licensing system rules for participating in games. Particular attention was paid to regulating the impact of participation in proceedings giving protection against creditors on obtaining and maintaining a license. Attri…
Early warning on insolvency in the European Union law
2020
Rapid diagnosis of the risk of an entrepreneur’s insolvency is of great importance for the socio-economic environment. This issue is of particular importance in the context of the financial crisis caused by the COVID-19 pandemic. The insolvency resulting in the announced bankruptcy brings a lot of harm to the debtors themselves (their shareholders), creditors and the entire economy. A much better solution is the restructuring of the debtor. For the purposes of predicting insolvency can be used Artificial Intelligence although traditional methods are also in use. For these reasons, in European Union law, the Restructuring Directive focuses on the anticipation of debtor’s insolvency. The text…
The Actuarial Balance Sheet for Pay-As-You-Go Finance: Solvency Indicators for Spain and Sweden
2008
This paper provides the first estimate of the actuarial balance of the Spanish contributory pension system for the old-age contingency, based on official data. The main accounting entries are developed from the principles of double-entry bookkeeping. The novel entry in the balance sheet, entitled the ‘contribution asset’ or ‘hidden asset’, is at the centre of the theoretical discussion. A comparison between the official balance sheet for the Swedish notional account system and our balance sheet for the Spanish contributory pension system is also provided. The main finding is that the Spanish pension system has an insolvency rate of 31.4 per cent. The policy implication is that unless curren…
A fuzzy-set qualitative comparative analysis model to predict bank bailouts: a study of the Spanish financial system
2020
This paper examines the restructuring of the Spanish financial system. This study is justified by the massive economic and social impact of this process in Spain. Based on the annual accounts and the annual reports of Spanish credit institutions, a model was created to predict the possibility of bank failure or bailout. The variables were selected following a review of the literature. They included the legal form of the credit institution (savings bank versus bank), leverage, real estate investment, gross operating margin, staff costs and non-performing loans. Two variables that had not previously been used in studies of this type were also included in the model: risk-weighted assets and co…
Legally protected cultural goods and bankruptcy proceedings
2020
Artykuł dotyczy ogólnych problemów prawnych związanych z celami prawny-mi postępowania upadłościowego w związku z celami ochrony dziedzictwa kulturowego. Obydwa zagadnieniami zbudowane są przez zupełnie inne systemy wartości. Postępowa-nie upadłościowe ma na celu ochronę interesów majątkowych ograniczonej grupy ludzi, podczas gdy dziedzictwo kulturowe jest chronione dla obecnych i przyszłych pokoleń, bez względu na jego znaczenie handlowe. Niewypłacalność właściciela dóbr kultury jest pro-blemem globalnym, ale krajowe przepisy dotyczące upadłości i przepisy dotyczące ochrony dziedzictwa kulturowego różnią się bardzo poważnie. Z tego powodu artykuł nie ogranicza się do żadnego konkretnego po…