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Showing 1 to 9 of 9 for “"Debtor and creditor"”.
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The Pactum De Non Cedendo: through a constitutional lens
… de non cedendo complies with the constitutional mandates imposed by our Constitution. In terms of the current law a pactum de non cedendo will only be accorded validity if the debtor is able to demonstrate a substantial interest in the prohibition against cession. However, the interest requirement …
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Compromise and arrangement between a company and its creditors and/or members in terms of Section 311 of the Companies Act no. 61 of 1973, as amended
… to negotiate an agreement with its members and/or creditors, in order to modify an existing set of circumstances affecting the interests of the parties to the agreement (1). In certain circumstances the situation arises where due to large numbers involved, or unwillingness to participate in …
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Creditor coordination effects and bankruptcy prediction
… of hazard rate bankruptcy prediction models with creditor coordination effects over the forecasting period 1990-2009. A firm's probability of bankruptcy is likely to be marginally affected by creditors' coordination behavior, since failure to coordinate may result in premature foreclosure, denial …
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Debtors management : a critical appraisal of the general local situation
Debtors management begins at the setting of the credit mission and goals, followed by the credit policy, the credit management process (involving credit screening, credit granting, risk reduction methods, cash collection, and reporting and monitoring of debtors), and ends at the debtors management …
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The use and abuse of precautionary warrants
… However, in spite of the law being so extensive and well-detailed as regards precautionary acts, so as to safeguard the rights of the creditors and potential debtors, it may be seen that the law still falls short in order to avoid the misuse and abuse of these precautionary measures. Therefore, …
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Informe de Expediente Civil No. 01526-2013-0-1601-JR-CI-04 sobre: Ineficacia de Acto Jurídico. Informe de Expediente Concursal No. 029-2003/CCO-ODI-UDP sobre: Impugnación Acuerdo de Acreedores
… El presente expediente versa sobre una demanda de ineficacia de contrato de compra venta celebrado en el marco del periodo de sospecha concursal. Este expediente permite evaluar conceptos propios del Derecho Civil y Concursal como la ineficacia de actos jurídicos, la celebración de …
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Law and the Culture of Debt in Moscow on the Eve of the Great Reforms, 1850-1870
This dissertation is a legal and cultural history of personal debt in mid-nineteenth-century Moscow region. Historians have shown how the judicial reform of 1864 dismantled an old legal apparatus that was vulnerable to administrative interference and ultimately depended upon the tsar's personal …