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Lithuanian PRO pts in category: Term search All of ProZ. The fourth part of this article is dedicated to discuss problems of an approach of material law and the law of obligations. In France, a public body enjoying an institutional unlimited state guarantee was created in the s to take over a n d liquidate o v er time the b a d assets o f C redit Lyonnais. Users should refer to the original published version of the material for the dai,tine abstract.
The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases. Participation is free and the site has a strict confidentiality policy. Some conclusions have been drawn. Login to enter a peer comment or grade.
You will also have access to many other tools and opportunities designed for those who have language-related jobs or are passionate about them. Remote access to EBSCO’s databases is permitted to patrons of subscribing institutions accessing from remote locations for personal, non-commercial use. Close and don’t show again Close. Three types of the interplay between them are indicated: However, the conclusion is made that the theory of civil law and judicial practice in Lithuania commonly accepts the hierarchy of material law against obligatory law.
In the case of funded credit protection, the lending credit institution shall have the righ t t o liquidate o r r etain, in a timely manner, t h e assets f r om which the protection derives in the event of the default, insolvency or bankruptcy of the obligor — or other credit event set out in the transaction documentation — and, where applicable, of the custodian holding the collateral.
This abstract may be abridged.
View forum View forum without registering on UserVoice. Dakitine conclusion is made that the legal construction of “right to right” is not legally correct and should be avoided in theoretical and practical fields of civil law. The conclusion is made that material legal relationship is embodied only with the help of obligations.
However, users may print, download, or email articles for individual use. The author is trying trying to present a practical example how easily a rent as the institution of obligatory law, can be confused with a rent emphyteusis as material law. This aspect is also highlighted in judicial practice of Lithuania’s Supreme Court.
This article discusses some problematic issues of the relation between material real law and the law of obligation, analyses the interaction between these two laws and discusses consequences of such interplay. The first part of this article looks at material law using obligatory categories and tries to ground the statement that material legal relationships are influenced by obligatory relationships.
The main purpose of this paper is to indicate some problematic issues of the interplay between material law and the law of obligations, also to point out guidelines for separating material law institute from the law of obligations and to emphasize the need for such distinction. You can request verification for native languages by completing a simple application that takes only a couple of minutes.
You have native languages that can be verified You can request verification for native languages by completing a simple application that takes only a couple of minutes. After the granting of the aid there was a sale of t h e assetsi n full accordance with t h e liquidation p r oc edure provided for in Italian law 11so that the Commission has to verify whether the advantage may have been passed on to the buyer.
National provisions such as those at issue in the main proceedings, whereby members of a teeise controlled by the State may, in derogation from the general law, withdraw from that company on condition that they relinquish all claims over that compa ny ‘ s assetsa re not liable to be considered to be State aid for the purposes of Article 87 EC.
No warranty is given about the accuracy of the copy. Vote Promote or demote ideas. Mortgage can assure the fulfillment of future, tentative agreement, the creditor of a hypothec can direct the recovery to a mortgaged property, independent of the fact whether a debtor or third party has it, the realization of realty is practically always guaranteed, moreover, the hypothec creditor receives the satisfaction to his requirement from the value of the mortgaged property prior to others creditors, consequently in contractual relationship parties prefer mortgage than other security devices.
The third part of the article reveals that obligatory law not always serves as the reassurance of material circulation. The resolution tools include a sale of business tool which will enable authorities to effect a sale of the credit institution or parts of its business to one or more purchasers without the consent of shareholders;21 a bridge bank tool which would enable authorities to transfer some or all the business of a failing credit institution including its deposits or mortgage book to a temporary bridge bank;22 an asset separation tool to enable authorities to transfer underperforming or ‘to xi c ‘ assets t o a separate vehicle a ‘bad bank’ in order to ‘cleanse’ the balance sheet of a troubled bank; and a debt write down tool which is discussed further in Section 3.
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To avoid such of confusion in qualifying legal relationship of rent, some guidelines are pointed out.