Effective Enforcement Of Creditors Rights
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Effective Enforcement Of Creditors Rights
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Author : Masahisa Deguchi
language : en
Publisher: Springer Nature
Release Date : 2021-11-27
Effective Enforcement Of Creditors Rights written by Masahisa Deguchi and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-27 with Law categories.
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.
Effective Enforcement Of Creditors Rights
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Author : Masahisa Deguchi
language : en
Publisher:
Release Date : 2022
Effective Enforcement Of Creditors Rights written by Masahisa Deguchi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
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.
When Do Creditor Rights Work
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Author : Siddharth Sharma
language : en
Publisher: World Bank Publications
Release Date : 2007
When Do Creditor Rights Work written by Siddharth Sharma and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with categories.
Orderly And Effective Insolvency Procedures
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Author : International Monetary Fund
language : en
Publisher: International Monetary Fund
Release Date : 1999-08-02
Orderly And Effective Insolvency Procedures written by International Monetary Fund and has been published by International Monetary Fund this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-08-02 with Business & Economics categories.
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.
When Do Creditor Rights Work
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Author : Mehnaz Safavian
language : en
Publisher:
Release Date : 2012
When Do Creditor Rights Work written by Mehnaz Safavian and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
Creditor-friendly laws are generally associated with more credit to the private sector and deeper financial markets. But laws mean little if they are not upheld in the courts. The authors hypothesize that the effectiveness of creditor rights is strongly linked to the efficiency of contract enforcement. This hypothesis is tested using firm level data on 27 European countries in 2002 and 2005. The analysis finds that firms have more access to bank credit in countries with better creditor rights, but the association between creditor rights and bank credit is much weaker in countries with inefficient courts. Exploiting the panel dimension of the data and the fact that creditor rights change over time, the authors show that the effect of a change in creditor rights on change in bank credit increases with court enforcement. In particular, a unit increase in the creditor rights index will increase the share of bank loans in firm investment by 27 percent in a country at the 10th percentile of the enforcement time distribution (Lithuania). However, the increase will be only 7 percent in a country at the 80th percentile of this distribution (Kyrgyzstan). Legal protections of creditors and efficient courts are strong complements.
Uncitral Model Law On Secured Transactions
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Author : United Nations Commission on International Trade Law
language : en
Publisher:
Release Date : 2016
Uncitral Model Law On Secured Transactions written by United Nations Commission on International Trade Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
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,
Creditor Treatment In Corporate Insolvency Law
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Author : Kayode Akintola
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-11-27
Creditor Treatment In Corporate Insolvency Law written by Kayode Akintola and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-27 with Law categories.
The significant role of credit in obtaining corporate capital means that credit and the treatment of creditors’ interests raises distinctive issues in the event of company insolvency. In this book, Kayode Akintola addresses these issues, providing an exceptional in-depth analysis of the principles, policy and practice of creditor treatment in corporate insolvency law.
Bankruptcy Around The World
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Author : Stijn Claessens
language : en
Publisher: World Bank Publications
Release Date : 2002
Bankruptcy Around The World written by Stijn Claessens and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Bankruptcy categories.
Building Trust
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Author : Michael Joseph Fuchs
language : en
Publisher: World Bank Publications
Release Date : 2002-01-01
Building Trust written by Michael Joseph Fuchs and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-01-01 with Business & Economics categories.
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.
Legal Solutions To Debt Problems
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Author : Council of Europe. Committee of Ministers
language : en
Publisher: Council of Europe
Release Date : 2008-01-01
Legal Solutions To Debt Problems written by Council of Europe. Committee of Ministers and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Political Science categories.
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.