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Propriedade fiduciária: bens móveis e imóveis; Fiduciary ownership: real and personal property

Carvalho, Maria Serina Areias de
Fonte: Biblioteca Digitais de Teses e Dissertações da USP Publicador: Biblioteca Digitais de Teses e Dissertações da USP
Tipo: Dissertação de Mestrado Formato: application/pdf
Publicado em 05/05/2009 Português
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A presente dissertação começa com a evolução histórica de dois importantes institutos jurídicos, a fidúcia e a propriedade, a partir das raízes romanas. Já no direito brasileiro analisamos o conceito de negócio fiduciário e figuras afins, então passamos a estudar o contrato de alienação fiduciária. Em seguida abordamos a propriedade fiduciária, sua evolução legislativa no direito pátrio, e seus desdobramentos envolvendo móveis e imóveis, onde estabelecemos o conceito, a natureza jurídica, seus elementos constitutivos, e as conseqüências de seu inadimplemento. Não olvidamos o aspecto processual e as questões controvertidas, como a falência, a recuperação judicial e o cabimento ou não da prisão civil, dentre outros. No decorrer deste trabalho procuramos analisar crítica e comparativamente as figuras afins ao instituto da propriedade fiduciária e estabelecer as similitudes e diferenças em cada sistema estudado, assim como individualizar estes institutos previstos no Código Civil de 2002 e na Lei n. 9.514/97. Enfim, nosso estudo não estaria completo sem pesquisar a fidúcia nos sistemas francês, italiano e anglo-americano.; This paper begins with the historical evolution of two important legal institutes...

Fundamentos Morais para a Liberação de Promessas na Falência Pessoal.

Franco, Maria Salles Coelho de Mello
Fonte: Fundação Getúlio Vargas Publicador: Fundação Getúlio Vargas
Tipo: Outros
Português
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Promessas foram feitas para serem cumpridas. Esse entendimento foi edificado pelo Direito em inúmeras instituições e serve como base para a teoria obrigacional. Ademais, a manutenção da palavra dada também foi abordada por fundamentos morais. As duas perspectivas compreendem que acordos devem ser satisfeitos. Contudo, em algumas situações, quem prometeu não mais possui meios para cumprir o contrato. Nesses casos, seria possível defender o inadimplemento de pactos? Seria o próprio Direito capaz de reconhecer essa possibilidade? O presente trabalho pretende responder esses questionamentos. Para tanto, analisaremos a liberação de promessas na falência pessoal pelo instituto existente no direito norte americano denominado de bankruptcy discharge. O mecanismo será compreendido por diferentes noções morais e será demonstrado que todas elas poderiam justificar a liberação de promessas pelo discharge. Dessa sorte, veremos que existem fundamentos morais que permitem reconhecer a não manutenção de contratos. Promises are made to be fulfilled. This understanding is built up by law in many institutions and serves as basis for the obligatory theory. Moreover, maintaining the given word is also addressed by moral foundations. The two prospects understand that agreements must be satisfied. However...

Professional Bankruptcy for the Academic Physician

Thornburg, Loralei L.; Glantz, J. Christopher; Caprio, Thomas V.; Gillespie, Suzanne M.
Fonte: The Accreditation Council for Graduate Medical Education Publicador: The Accreditation Council for Graduate Medical Education
Tipo: Artigo de Revista Científica
Publicado em /09/2010 Português
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In modern academic medicine, the amount of academic time is decreasing as the workload and commitments are increasing. As physicians take on so many professional obligations that there is no way to meet all of the demands of the ever-expanding responsibilities, the question becomes: Should academic physicians ever consider filing for their own “professional bankruptcy”? Presented here are 10 steps to successful academic bankruptcy for the overextended junior faculty. Although somewhat fanciful, this method allows faculty to take an honest and critical assessment of their personal and professional goals and to align their career with these goals. With a critical eye to the future, this alignment will allow faculty to decrease their workload while maintaining productivity.

Washington Cancer Patients Found To Be At Greater Risk For Bankruptcy Than People Without A Cancer Diagnosis

Ramsey, Scott D.; Blough, David K.; Kirchhoff, Anne C.; Fedorenko, Catherine R.; Snell, Kyle S.; Kreizenbeck, Karma L.; Newcomb, Polly; Hollingworth, William; Overstreet, Karen A.
Fonte: PubMed Publicador: PubMed
Tipo: Artigo de Revista Científica
Português
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Much has been written about the relationship between a person’s high medical expenses and his or her likelihood of filing for bankruptcy, but the relationship between receiving a cancer diagnosis and filing for bankruptcy is less well understood. We estimated the incidence and relative risk of bankruptcy for people age twenty-one or older diagnosed with cancer compared to people the same age without cancer by conducting a retrospective cohort analysis that used a variety of medical, personal, legal, and bankruptcy sources covering the Western District of Washington State in US Bankruptcy Court for the period 1995–2009. We found that cancer patients were 2.65 times more likely to go bankrupt than people without cancer. Younger cancer patients had 2–5 times higher rates of bankruptcy compared to cancer patients age sixty-five or older, indicating that Medicare insurance and Social Security may mitigate bankruptcy risk for the older group. The findings suggest that employers and governments may have a policy role to play in creating programs and incentives that could help people cover expenses in the first year following a cancer diagnosis.

The economics of personal bankruptcy

Link, Frederick, 1975-
Fonte: Massachusetts Institute of Technology Publicador: Massachusetts Institute of Technology
Tipo: Tese de Doutorado Formato: 183 p.; 6888475 bytes; 6888281 bytes; application/pdf; application/pdf
Português
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This thesis examines the effect of bankruptcy law on consumer borrowing and welfare. The thesis consists of four theoretical chapters and two empirical chapters. Chapter 1 presents a simple model of consumer borrowing where the repayment of debt is governed by a bankruptcy law which allows a consumer to protect income below a given exemption level from creditors. Increasing bankruptcy exemption levels are found to increase borrowing and to increase consumer welfare so long as the consumer is borrowing less than the maximum amount possible. If consumers are borrowing the maximum amount possible, increasing exemption amounts increases credit constraints and decreases borrowing. Consumer welfare is maximized at the point where the marginal benefit the amount of insurance provided by the bankruptcy regime equals the marginal cost to reducing borrowing. Chapter 2 expands the model described in chapter 1 to include consumers who differ as to either their demand for credit or their ability to repay loans. The optimal exemption level is found to occur where the marginal cost due to increasing credit constraints to consumers with a higher demand for credit or a lower ability to repay is balanced against the increased insurance benefit provided to other borrowers.; (cont.) Chapter 3 considers the effect of bankruptcy law on credit markets with asymmetric information. I find that the possibility to receive a discharge of debt provided by bankruptcy law may cause consumers to distort their borrowing choices. Optimal exemption levels balance costs due to distortions in borrowing with benefits associated with increases in insurance. Chapter 4 presents a model of the effect of bankruptcy law on incentives to work. I find that increasing exemption levels may either increase or decrease incentives to work or to take risk. Chapter 5 examines the effect of exemption levels on household borrowing. I find that increasing personal property exemption levels are associated with higher levels of home mortgage debt and decreased probabilities that non-homeowners have greater than $50...

The Challenges of Bankruptcy Reform

Cirmizi, Elena; Klapper, Leora; Uttamchandani, Mahesh
Fonte: Banco Mundial Publicador: Banco Mundial
Português
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The 2008 financial crisis was followed by a global economic downturn, credit crunch, and reduction in cross-border lending, trade finance, remittances, and foreign direct investment, which adversely affected businesses around the world. The consequent increase in the number of firm insolvencies in the financial and corporate sectors highlights the importance of efficient bankruptcy laws. This paper summarizes the theoretical and empirical literature on bankruptcy design, discusses the challenges of introducing and implementing bankruptcy reforms, and presents examples of how policymakers are trying to use the current economic downturn as an opportunity to engage in meaningful reform of the bankruptcy process.

Improving Protection in Financial Services for Russian Consumers

Rutledge, Sue
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Português
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26.51%
Over the last decade, consumer credit in the Russian Federation has expanded from almost nothing to 9.2 percent of Gross Domestic Product (GDP) in 2008. This is an average increase of 84 percent a year for five years. Recent developments in financial markets have highlighted the need for consumer protection and financial literacy for the long-term health of the financial sector. The rapid growth of household lending has been accompanied by an increase in the number of households that have difficulty in understanding the risks and obligations that they assume, or the full range of choices available. In the United States mortgage markets for instance, complex financial contracts were sold to borrowers, some of whom had weak credit histories. The consequences were disastrous, and highlight the importance of consumer protection and financial education to prevent other similar events.

Saving Viable Businesses : The Effect of Insolvency Reform

Klapper, Leora
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Português
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36.81%
The 2008 financial crisis and consequent rise in corporate insolvencies highlight the clear need for efficient bankruptcy systems to liquidate unviable firms and reorganize viable ones and to do so in a way that maximizes the proceeds for creditors, shareholders, employees, and other stakeholders. This note summarizes the empirical literature on the effect of insolvency reforms on economic and financial activity. Overall, research suggests that effective reforms increase timely repayments, reduce the cost of credit, and lower the rate of liquidation among distressed firms.

Innovations in Bankruptcy—Pricing the Priority of Insolvency Claims

Leechor, Chad
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Português
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Following the wave of recent financial turmoil, many developing countries have learned the value of an effective bankruptcy system in deterring excessive use of debt and providing an orderly way to resolve a debt crisis. As a result, they are now reforming their bankruptcy systems, generally modeling them on those of advanced countries. But there is dissatisfaction with bankruptcy frameworks in advanced countries too. Some alternatives have been proposed. One is an options-based approach that provides an objective way of pricing creditor claims according to priority. With allowances for local conditions, this approach offers developing countries a chance to leapfrog existing bankruptcy practices and their limitations. Effective bankruptcy systems have implications for corporate governance and for securities markets. For corporate managers and controlling shareholders, the cost of bankruptcy includes the loss of corporate control and the risk of personal liability. This threat serves as a restraint on the use of debt. In the event of default an efficient and orderly transfer of corporate control to creditors reduces the likelihood of asset stripping and looting by insiders. For creditors...

Pakistan - Strengthening the Insolvency Regime : Non-Lending Technical Assistance Final Report

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Português
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The importance of a modern, binding and effective insolvency regime is undeniable. Nearly 90 countries around the world have reformed their bankruptcy codes since Second World War, and over half of them have done so during the last decade. One of the key aspects in the reform process is the delicate balance addressed by a modern insolvency system which encourages the organization of viable firms and liquidates unviable firms. The financial and macroeconomic crises, as recently experienced in Pakistan, provide an opportunity for bankruptcy reform, as the potential employment impact often places the issue of insolvent companies high on the policy agenda. The three fundamental goals of any insolvency law are: 1) transparency, including a system for publicizing and indexing judgments, an accessible method for registering securing interest and an effective notice of insolvency proceedings, 2) predictability - in terms of being fair, simple and clear, which if not achieved ends up costing more as financial institutions compensate the uncertainty with additional credit costs; and 3) efficiency...

Doing Business in Nigeria 2014

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Tipo: Relatório
Português
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26.51%
Nigeria accounts for nearly one-fourth of Sub-Saharan Africa s population and is the seventh most populous country in the world. As of April 2014 it is recognized as the continent s largest economy. Ranking 13th in the world for its oil production, Nigeria is Africa s largest producer and holds the second highest proven oil reserves on the continent, after Libya.3 Since embarking on the path of democracy in 1999, the country has enjoyed consistent and high economic growth rates, in the range of 6-8 percent annually in recent years. With its large reserves of human capital and natural resources, a large domestic market, and strong economic fundamentals, Nigeria is well positioned to join the group of large emerging markets and be the continent s powerhouse. Nigeria has already been identified as one of the promising MINT economies (an acronym for Mexico, Indonesia, Nigeria and Turkey), following the BRICs on the path to develop rapidly. Creating jobs to improve the well-being of all Nigerians, regardless of their personal circumstances and location...

Spousal guarantees

Scheelings, Richard
Fonte: Universidade Nacional da Austrália Publicador: Universidade Nacional da Austrália
Tipo: Working/Technical Paper Formato: 445729 bytes; 350 bytes; application/pdf; application/octet-stream
Português
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Lenders often require of small investors that they sign a personal guarantee before forwarding funds, and if the borrowers own funds or assets are insfficient backing for a guarantee, then a third party may be asked to sign. Since strangers do not guarantee each others debts, it is in the nature of such guarantees that they straddle the private and business worlds within any relationship. Important relationship assets (such as the family home) are often at stake, and courts struggle with the policy tradeoffs inherent in such deeds or contracts between freedom of contract and a concern with the potential for coercion of the one signing. This paper explores the nature of the optimal third party guarantee within the incomplete contracting environment inaugurated by Grossman and Hart (1986). The optimal contract trades off the ex post amount of relationship asset to be foreclosed by a bank against the desirability of ensuring the ex ante release of funds to promote the exploitation of viable investment opportunities. The role of ex post bargaining power, as a proxy for coercion is examined and it is found that for certain parameter values in the model increased coercion, while freeing more funds ex ante, simultaneously lowers social welfare.; no

A importância do modelo de Altman e da regressão logística na previsão de falências nas pequenas entidades portuguesas

Melo, Juvenal da Silva de
Fonte: Universidade de Évora Publicador: Universidade de Évora
Tipo: Dissertação de Mestrado
Português
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Este trabalho, procura verificar se é possível obter indicadores, sobre a propensão para a falência das micro e das pequenas entidades, a partir das suas demonstrações financeiras. Estas demonstrações podem estar influenciadas por práticas de contabilidade criativa, não reflectindo as mesmas a sua verdadeira capacidade de endividamento que muitas vezes se encontra associado ao património pessoal dos detentores do capital. São aplicadas as técnicas estatísticas da Análise Discriminante e da Regressão Logística, por serem aquelas que têm sido as mais utilizadas. Procura-se aferir se os resultados alcançados por ambas são convergentes. Para este efeito é utilizada uma amostra composta por um grupo de 17 empresas não falidas, e por outro grupo de 17 empresas cuja falência tenha sido declarada no ano de 2008. Sendo analisadas as demonstrações financeiras do período de 2005 a 2007. Não é objectivo deste trabalho, obter uma quantificação da probabilidade de falência, mas antes a identificação de comportamentos que caracterizem as empresas com propensão para a falência. Os resultados sugerem que a falência é um processo dinâmico que se inicia com alguma antecedência, em relação ao momento da declaração de falência. Conclui-se que as empresas com propensão para a falência apresentam uma relação negativa com o rácio do fundo de maneio sobre o activo...

Is the different treatment of corporate insolvency and personal bankruptcy under Australian law justified?

Brownbill, Conan
Fonte: Universidade Nacional da Austrália Publicador: Universidade Nacional da Austrália
Tipo: Relatório
Português
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The Australian corporate insolvency and personal bankruptcy regimes are separate. In recent ears, it has been suggested the two procedures should be merged. Those favouring merger believe it would increase efficiencies, reduce existing overlap and lessen costs. The benefits of a single insolvency regulator are noted as one particular benefit of merged insolvency legislation. Such arguments in support of merger underestimate the difficulties associated with unification given the tradition of separate insolvency laws within Australia and the terms of the Constitution. Significant costs would be associated with merging insolvency and bankruptcy legislation and the reduction of two governmental insolvency regulators to one. The Commonwealth may be unable o enact merged insolvency legislation that included all existing insolvency provisions given limitations within the Constitution. These limitations do not appear to have been addressed by those arguing in favour of merged insolvency procedures. The corporate insolvency and personal bankruptcy procedures have similar objectives and procedures. Both provide for the appointment of an independent entity to ascertain the debtor's abilities, realise their assets and distribute the proceeds among creditors. Further...

Fostering Entrepreneurship in Armenia

Kuriakose, Smita
Fonte: Washington, DC: World Bank Publicador: Washington, DC: World Bank
Tipo: Publications & Research :: Publication; Publications & Research :: Publication
Português
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A dynamic and vibrant private sector is crucial to economic growth, with firms making new investments, creating jobs, improving productivity, and promoting growth. Entrepreneurial activity is pivotal to the continued dynamism of the private sector, with the generation of new businesses fostering competition and economic growth. This study uses data from the new 2012 World Bank entrepreneurship survey conducted to gauge new firm growth in the formal sector in Armenia and data from World Bank enterprise surveys to analyze innovative activity in existing firms. Armenia has by far the highest level of entrepreneurial activity among the three South Caucuses countries that were studied. Armenia's entrepreneurial culture is built largely on the very strong math and science foundation established during the Soviet era. However, several factors hinder business growth and entrepreneurship. The government could remove bottlenecks from the general business environment that impede able entrepreneurs with good ideas from starting a new venture and creating jobs. This would include strengthening the business environment to allow failure and company exit as a necessary part of entrepreneurial learning...

What Does Debt Relief Do for Development? Evidence from India’s Bailout Program for Highly-Indebted Rural Households

Kanz, Martin
Fonte: Banco Mundial Publicador: Banco Mundial
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
Português
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36.5%
This paper studies the impact of a large debt relief program, intended to attenuate investment constraints among highly-indebted households in rural India. It isolates the causal effect of bankruptcy-like debt relief settlements using a natural experiment arising from India's Debt Relief Program for Small and Marginal Farmers -- one of the largest debt relief initiatives in history. The analysis shows that debt relief has a persistent effect on the level of household debt, but does not increase investment and productivity as predicted by theories of debt overhang. Instead, the anticipation of future credit constraints leads to a greater reliance on informal financing, lower investment and a decline in productivity among bailout recipients. The results suggest that one-time settlements may be insufficient to incentivize new investment, but can have significant real effects through their impact on borrower expectations.

Finance for All? Policies and Pitfalls in Expanding Access; Finanzas para todos? Politicas y trampas en la expansion del acceso

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Tipo: Publications & Research :: Publication; Publications & Research :: Publication
Português
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26.32%
This book, finance for all, presents first efforts at developing indicators illustrating that financial access is quite limited around the world and identifies barriers that may be preventing small firms and poor households from using financial services. Based on this research, the report derives principles for effective government policy on broadening access. The report's conclusions confirm some traditional views and challenge others. For example, recent research provides additional evidence to support the widely-held belief that financial development promotes growth and illustrates the role of access in this process. Improved access to finance creates an environment conducive to new firm entry, innovation, and growth. However, research also shows that small firms benefit the most from financial development and greater access-both in terms of entry and seeing their growth constraints relaxed. Hence, inclusive financial systems also have consequences for the composition and competition in the enterprise sector. This report reviews and synthesizes a large body of research...

Report on the Treatment of the Insolvency of Natural Persons

Insolvency and Creditor/Debtor Regimes Task Force
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Working Paper; Publications & Research
Português
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This report addresses the insolvency of natural persons following this structure: a first part introduces the objectives and nature of the report, deals with general issues, and describes the foundations of a system for the treatment of the insolvency of natural persons. The second part of the report analyzes the core legal attributes of system for the treatment of the insolvency of natural persons: within this system, the most relevant questions are analyzed in depth, namely the design of the system and the institutional framework, access to the system, the participation of creditors, the solutions to the insolvency process, and discharge. The main objective of this report is to provide guidance on the characteristics of an effective insolvency regime for natural persons and on the opportunities and challenges encountered in the development of such a regime. In this regard, the report raises awareness about the importance of a regime for the treatment of the insolvency of natural persons, and explores the advantages and disadvantages of the solutions to the numerous practical issues that have to be confronted in the design of an insolvency regime for natural persons.

How much debtor's punishment?

Funchal, Bruno
Fonte: Escola de Pós-Graduação em Economia da FGV Publicador: Escola de Pós-Graduação em Economia da FGV
Tipo: Trabalho em Andamento
Português
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46.62%
This paper investigates how the bankruptcy exemptions applied by the Personal Bankruptcy Law in each American state affect the aggregated leveI of individuaIs and small businesses' loans. Higher leveIs of bankruptcy exemptions imply in a lenient rule, motivating debtors to file for bankruptcy, what makes lenders worsen the terms of credito On the other hand, lower leveIs of exemptions imply in a harsh punishment to debtors, inhibiting their demand for credit fearing a possible bankruptcy by bad luck. Confirming the theoretical daims, empirical tests show the existence of a non-monotonic shape in the relationship between the bankruptcy exemptions and the amount of credit to individuaIs and small businesses, where the optimal leveI of exemptions should be neither too high nor too low. Since the majority of the states in V.S. do not apply the optimallevel, an intervention that brings the exemption leveI doser to the optimal one can be credit and welfare enhancing.

Inequality, bankruptcy and the macroeconomy

Rodano, Giacomo
Fonte: London School of Economics and Political Science Thesis Publicador: London School of Economics and Political Science Thesis
Tipo: Thesis; NonPeerReviewed Formato: application/pdf
Publicado em /09/2011 Português
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This thesis examines the determinants inequality and its effects on macroeconomic outcomes, and in particular the economic effects of bankruptcy law. The first two chapters are joint work with Jochen Mankart. In the first chapter, we examine the effects of Chapter 7 of the US bankruptcy law on entrepreneurs. Entrepreneurs are subject to production risk. They can borrow and if they fail they can default on their debt. We examine the optimal wealth exemption level and the optimal credit market exclusion duration in this environment. In the second chapter, we introduce secured credit, in addition to unsecured credit in a model that is similar to the one in the first chapter. Secured credit lowers the cost of a generous bankruptcy regime because agents who are rationed out of the unsecured credit market can still obtain secured credit. Therefore, the optimal exemption level is very high. In the third chapter, I estimate stochastic process for earnings of Italian individuals. I find that individual’s earnings present statistically significant heterogeneity both in levels and in growth rates that is determined before the beginning of economic activity. In the fourth chapter, I analyze the quantitative effects of introducing immediate debt discharge (fresh start) in the procedures of personal bankruptcy law on the saving and default decisions of Italian household. I find that introducing fresh start in the Italian bankruptcy law would worsen credit conditions...