Publishing House, Bucharest 2012;
10. E. Veress, Suretyship agreement, C.H. Beck Publishing House, Bucharest 2015.
1. Court of Appeal Timişoara, civil decision no. 465/27 June 2017, file no. 6802/30/2016/a1
2. According to art. 1673 Civil Code of 1864, „The fidejussor, without having paid, may claim indemnification from the debtor: 1. when he is sued in Court to pay;
2. when the debtor is bankrupt or in a state of insolvency;;
3. when the debtor has indebted itself in order to release him from
The interface between securitization law and insolvency law is the central legal concern in designing securitization transactions. The complex structure of these transactions under the Securitization Act of 2004 should be understood within a specific legal context: the possible bankruptcy, insolvency, or liquidation of the “originator” (i.e. the entity requiring securitization financing), which may jeopardize the claims of asset-backed security investors. It is a solution to the risk that security holders with claim to specific assets may end up being subordinated to the interest of preferred creditors and ranked pari passu with, or even lower than, unsecured creditors in a rehabilitation or liquidation proceeding. Under present law, this risk may arise through the “substantive consolidation” and “clawback” provisions of the Financial Rehabilitation and Insolvency Act (FRIA) of 2010. This risk is mitigated through the creation of a bankruptcy remote vehicle and true sale of receivables, and it is the lawyer’s principal role in the securitization process to isolate or ring-fence assets beyond the reach of creditors, and making them an exclusive claim of investors. How this works in theory and practice is the subject of this paper.
Sara Qayum, Sughra Farid, Suhail Shehzad and Weidong Zhu
1. Avery, M. Paying for Silence: The Liability of Police Officers under Section 1983 for Suppressing Exculpatory Evidence. Temp. Pol. & Civ. Rts. L.Rev, 2003, 13 , 1.
2. Avery, M. Obstacles to Litigating Civil Claims for Wrongful Conviction: An Overview. BU Pub. Int. Lj , 2008, 18 , 439.
3. Bernhard, A. When Justice Fails: Indemnification for Unjust Conviction. University of Chicago Roundtable , 1999, 73 (6).
4. Bernhard, A. Justice Still Fails: A Review of Recent Efforts to Compensate Individuals Who Have Been Unjustly
Law and Practice of the Courts of the United Kingdom Relating to Foreign Judgments and Parties Out of the Jurisdiction (London, W. Clowes and Sons, 2nd Ed., 1884).
99. Polaroid Corporation v Eastman Kodak Co  RPC 379.
100. Plucknett, T., A Concise History of the Common Law (Indianapolis, Liberty Fund, 5th ed. 1956).
101. Plunkett, J., Imogen Thomas “Vindicated’ after Footballer Drops Blackmail Claim” (The Guardian 15 December 2011).
102. Prosser, W., “Privacy” (1960) 48 California Law Review 3, 383.
103. Prince Albert v
administrative proceedings to secure claims], Sopot 2012.
Dalkowska A., Zabezpieczenie administracyjne należności pieniężnych w praktyce organów egzekucyjnych [Administrative securing of monetary claims in the practice of enforcement bodies], Wrocław 2015.
Fundowicz, Egzekucja administracyjna a aksjologia demokratycznego państwa prawnego [Administrative execution and axiology of a democratic state of law], [in:] Niczyporuk J., Fundowicz S., Radwanowicz J. System egzekucji administracyjnej [Administrative execution system], Warszawa 2004.
This paper’s concern is focused on amajor amendment of the Tax Ordinance Act – article 2a enforced by the Act of the August 5th 2015 (Dz.U. 2015 r. poz. 1197). According to the Act’s substation, it was designed to be an introduction of a new “principle of the polish tax law” through incarnating as a part of legal system the directive of law interpretation widely known as in dubio pro tributario. The amendment aimed to strengthen the legal covers which protect tax bearers from vagueness of the tax law. Paper confronts these assumptions with theoretical achievements concerning principles of law. It points out that, contradictory to the Legislator’s claims, the new article 2a cannot be recognised as a principle of law; moreover, it raises several doubts in the other fields which together may result in its malfunctioning.
Rita Remeikiene, Ligita Gaspareniene and Gintare Grigaliune
Constant changes in business environment determine the significance of receivables to business. The analysis of the current situation in Lithuania has revealed that a substantial part of business enterprises are facing the problem of overdue receivables. This issue emerged as extremely topical after the beginning of the economic crisis in 2008. A number of scientific studies confirmed that the level of receivables has a significant impact not only on smooth business operation but also on operational results and serves as the cause of numerous economic and social problems, faced by both business enterprises and the state. Rising level of receivables determines slower recovery of total economics because it has a negative impact on the sustainability of the public sector of the country. In addition, the scientists highlight economic problems such as production capacity losses, general decrease in competitiveness and failure to satisfy the debt claims. The social problems include the increase in unemployment rate, fall of living standards, dissatisfaction with poor economics of the country and uncertainty about the future. The aim of this article is to analyse the impact of receivables on business in Lithuania. The methods of the research include scientific literature analysis and statistical data analysis.
party liability insurance enough to cover personal injuries?’, Journal of Risk Management in Financial Institutions . (1/2), 125-141.
Jędrzychowska A. Poprawska E. & Ronka-Chmielowiec W. (2015). The sufficiency of the minimum amounts in compulsory liability insurance to cover personal injury claims – based on motor third party liability insurance and medical liability insurance. Wiadomości Ubezpieczeniowe , (4), 79-102.
Karaś T. (2007). Uwagi na temat pojęcia „szkoda” w amerykańskiej teorii prawa, Studia Iuridica , (XLVII), 113-145.
. & Hopkins, D (2006). Seven Strong Claims about Successful School Leadership . Nottingham: NCSL.
Lewis, P., & Murphy, R. (2008). Review of the Landscape: Leadership and Leadership Development . National College for School Leadership, Nottingham, England.
Lieberman, A., & Miller, L. (Eds.) (2001). Teachers Caught in the Action: Professional Development that Matters. New York: Teachers College Press.
Mathibe, I. (2007). The Professional Development of School Principals. South African Journal of Education , 27 (3), 523-540.
McKinsey et al., (2007