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The Fidejussor’s Early Regression in the Insolvency Proceedings

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

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The Interface Between the Securitization Act of 2004 and the Financial Rehabilitation and Insolvency Act of 2010

Abstract

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.

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Short Comings of Criminal Justice System of Pakistan and its Effects on the Rights of Accused Prisoner Wrongfully Convicted or Imprisoned

Bibliography 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

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Is Social Media Challenging the Authority of the Judiciary? Rethinking the Effectiveness of Anonymised and Super Injunctions in the Age of the Internet

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 [1977] 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

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