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The insolvency procedure can be initiated at the request of the insolvent debtor or the justified request of the creditor, in accordance with Law No. 85/2014 Law no. 55/2020 on measures preventing and combating the effects of the Covid-19 pandemic has instated derogations and new rules for the initiation of the collective procedure.
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Receivables born after the launch of insolvency proceedings, from activities unfolded by the debtor, are current receivables and are paid in accordance with the documents that generatethem. The creditor needs to formulate a request for payment, which is later analysed by thejudicial administrator. Non-payment of current receivables can lead to the launch of bankruptcyprocedures against the debtor.
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The 2015/848/EU Regulation (EIR-R) on insolvency proceedings contains a new instrument, undertaking, in the Article no. 36 - 38, which has not been known before in the continental legal systems. This article describes the current efforts at national level to develop the undertaking as an efficient mechanism, even in the absence of a legal procedural framework, possible practical issues in the application of Article 36. The goal is to compare legal solutions on this field in two neighbouring jurisdictions, Romania and Hungary, to show which are the similarities and differences, from a judicial perspective.
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The objectives established by the Directive in relation to procedures concerning discharge of debt and disqualifications aim at blurring the differences between national laws, by implementing a set of principles meant to harmonize the current regulatory framework. This approach also aims to increase the efficiency of the existing procedures, by adopting measures that make the rescue mechanism of honest entrepreneurs more viable and operational. The Directive requires Member States to establish legal frameworks that give insolvent entrepreneurs the opportunity of having a full discharge of debt within a maximum of 3 years. After the expiry of the period preceding the discharge of the debt, the insolvent entrepreneur may not be subject to a disqualification from taking up or pursuing a trade, business, craft or profession on the sole ground of its insolvency. Granting the benefit of discharge of debt, as well as the cessation of disqualifications, must operate automatically, without the need for intervention of a judicial or administrative authority. Recognizing the importance of preserving particular elements in national laws, the Directive admits the possibility of establishing derogatory provisions from the guiding principles regarding the benefit of discharge of debt and decay, by restricting access and by providing for longer periods for obtaining a full discharge of debt or longer disqualification periods.
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Perhaps insufficiently known and applied in business, Government Ordinance no. 6/2019 can be described as a legislative frame for restructuring, outside the confines of judicial procedures, targeting past-due fiscal obligations. For a coherent and predictable application, this important normative act requires clarifications on the functionality of key elements, as well as answers to questions that came up during the evolution of restructuring projects.
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By July 17, 2021, Romanian lawmakers will need to transpose Directive (EU) 2019/1023 on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132 (Directive on restructuring and insolvency) (“Directive 2019/1023”). The Directive aims to create an efficient legal framework that would guarantee the effective enforcement of certain rights, otherwise its goal would remain an illusion. Precisely for this reason, transposition efforts will need to identify the causes that prevent certain mechanisms in the current legislation from achieving the results designed by the legal text, or that block or render said mechanisms inefficient. These causes will need to be corrected in order to achieve the desired result. If implementation is solely aimed at “crossing off the list” certain elements that local insolvency legislation should include, then we should stop right here and cease the profound amendment of current legislation, because these elements are already included in Romanian legislation. This text is aimed at identifying elements that, in our opinion, should be remedied through future regulations, in order to ensure the functioning of institutions, mechanisms and procedures already in place.
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In this paper, we are taking into consideration (i) an analysis of the de plano permission granted to a bidder in a public procurement procedure, should said bidder qualify, when the bidder is insolvent, and (ii) what would be considered reasonable standards of evidence for such qualification, in an interpretation correlated with certain normative texts included in the Insolvency code. On the one hand, the provisions of art. 1542 of Law no. 85/2006, as well as those of art. 341 of the Insolvency Code, state that any limitation instated through legal norms or contract provisions upon the initiation of the insolvency procedure will be applicable exclusively starting with the date when bankruptcy is initiated. On the other hand, according to art. 180 para. (1) letter b) of Law no. 99/2016 on sector procurement, the contracting authority will exclude from the procedure any company that is undergoing insolvency or liquidation. The same legal text states that the authority will not exclude an insolvent company that can prove that it can carry out the contract involved in the procurement procedures. What is the correlation between these two, apparently contradictory, regulations in practice and what evidence is necessary to prove the ability to carry out the contract? These are the main topics of analysis for our article.
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Eminescu concentrated the authentic feeling of the Romanians in the word Dor (longing), which is at the same time a fundamental concept and a state of mind specific to the Romanian people. No other Romanian thinker managed to focus in Dor (Longing) so much depth of the Romanian thought and soul. Even if we encounter philosophical reflections on Eminescu's longing in Lucian Blaga’s or Constantin Noica’s works, no one has raised the word Dor (Longing), as it appears in Eminescu’s work, to the rank of a philosophical concept with connotations of existential basis. This may be due to the fact that Eminescu has not built an explicit philosophy centered on this concept, but rather an implicit philosophy that surfaces in his poetry, where the essence of Eminescu's creation is concentrated.
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The creation of the Romanian national state was achieved by the liberal political progressive Romanian elites, taking over the Western European model of reference. In the speeches of the founding fathers of the Romanian state, as in the case of Ion C. Brătianu, we find recurrent fundamental values and concepts at the European level of the period. The anti-Semite accents that we find in his speeches, which are presented in this short study, reflect the attitude of rejection that local elites had had to the phenomenon of the migration of Sephardic Jews from the Tsarist Empire to the Principalities. This message appeared more virulent when the Great Powers of the moment had pressed politicians from Bucharest to grant citizenship to the Jews. For the specialists in comparative history, the ideas propagated by Brătianu are part of a wider European, anti-Semite trend. Throughout this study we propose analyses that will highlight the ideas that animated the liberal leader using a double key of interpretation: theoretical-doctrinal-ideological and pragma-rhetorical.
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The current study analyzes the implications of the Triple Entente establishment on Romanian foreign policy. A “small state,” Romania had to shape its foreign policy according to the relations among the Great Powers and the important international mutations that they triggered. Under the circumstances created after the Berlin Congress, Romania found its security guarantees through its alliance with that group of powers which were dominant in international life and its accession to the Central Powers was a solution imposed by the realities of that historical moment. The establishment of the Triple Entente would gradually alter the balance of power internationally. The Franco- Russian Alliance failed to overcome the Triple Alliance hegemony. The Entente Cordiale marked a certain balance of forces and strengthened France's position at international level. But the defeat of Russia in the war with Japan meant, at the same time, a weakening of the Franco-Russian alliance, which kept the impression of a certain military superiority of the Central Powers. However, the first “Moroccan crisis” proved that it could be only relative, the Entente Cordiale being strengthened. The conclusion of the Anglo-Russian agreement and the finalization of the Triple Entente establishment in this way, however, brought about an essential change in the balance of power at international level. While the Triple Alliance was primarily a continental alliance, the Triple Entente, given the vast colonial possessions of the member states, was a world one. Thus, the international context that imposed Romania's accession to the Triple Alliance was fundamentally altered, which made it necessary to re-analyze its position externally, in accordance with the great interests of the Romanian nation, related to the achievement of state unity. At the time of its establishment, however, the Triple Entente was not consolidated. The Anglo-French and Anglo-Russian agreements, concluded under the form of dividing the spheres of influence in Africa and Asia, did not contain firm policy commitments and, besides, future disagreements in key issues were possible. Romania needed to wait and reflect in order to tune its foreign policy to the aspirations for national reunification. The interests of ensuring the state security remained a priority, a situation in which it was necessary to maintain the alliance with the Central Powers.
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Cultural models, the collective consciousness, the collective memory can make up a triad needed to recover the dominant values of a culture. The cultural models generated by the rural community viewed as a patriarchal village in the Romanian space are a topic of current debate in the context of globalization. However, the process of model destruction is older, marked by the transition from one political system to another - in the example we bring forth, from the patriarchal village to collectivization in the communist society. We support our comparative approach with arguments from the literary universe of a Romanian writer, holder of the Herder Prize for Literature: Marin Sorescu. The comparative analysis shows that in the Romanian culture, its tradition and values have been staples for different cultural ages and social contexts, and the creators have historically and culturally defined time and space. Not only does Marin Sorescu rebuild an archetypal world, but he also rebuilds a world of Beginnings, reconfiguring archetypes, myths and symbols. The spectacle of the archaic world is thus restored to the Romanian culture.
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This paper engages in a critical comparative analysis of John Locke and George Berkeley on the problem of perception. The problem of perception centers on the question of whether our sensory or perceptual experiences can serve as a basis of justification for our knowledge of physical entities in the external world. The philosophical stances of Locke and Berkeley present foundational background to the empiricist claim that the senses are a reliable source of knowledge. However, given the question that the problem of knowledge claim based on perceptual experiences have been plagued with, this paper attempts to address the problem of perception based on a critique of Locke’s and Berkeley’s empiricist claims. This involves a critique of the empricist’s claim on the reliability of perceptual experience in the justification of our knowledge claim. This paper submits that the position of empiricism, if properly delineated, can solve the problem of perception.
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The main contribution of this article is the design of a model for the economic crises. At the depth level of this model are concepts like saving, investment, money and goods, while at its intermediate level are mainly concepts referring to the public policies like quantitative easing and interest rate and at the surface level are concepts referring to the exceptional behavior of different variables present in the diverse economic functions. I test that the diverse responses to the recent crisis against this model and I discuss the social and economic implications”.
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Following the collapse of central government of Somalia in 1991, the failed state has become a safe haven to various armed groups and terrorists. As various news outlets show dozens of ships were attacked and/or hijacked by Somalia based pirates. Piracy off the coast of Somalia has been a great threat to international shipping services in the Gulf of Aden and the Red sea. For instance, according to One Earth Future Foundation (2011), in 2011, about $160 million was paid for ransom. Thus, this desk study, collecting data from various secondary sources, aims to assess impacts of piracy movement off Somalia Coast, the Gulf of Aden and Red Sea on Ethiopia on its maritime security, diplomacy and economy. And, this study found out that Ethiopia is and has been one of the victim countries of this movement in the East and Horn Africa region. Thus, Ethiopia in cooperation with other countries in the region and other countries which have a geo-political interest in the area like the USA, China, Saudi Arabia, EU in particular, should work jointly to strengthen the security situation in the main land Somalia, fight pirates inside-and-in the Atlantic Ocean to bring them to justice.
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“Henrik Ibsen is a widely known writer that influenced many playwrights and critics with his challenging plays such as “The Wild Duck”, “An Enemy of the People” and “Ghosts”. In his plays, he mostly includes criticism about the society and individual, for instance he deals with the conformity in society, gender apartheid, the hypocrisy in politics and the struggle of the individual in finding a voice for him/herself in the mass. While stating his criticism, he mostly applies the symbols. In “The Wild Duck”, he uses the wild duck as a symbol of the change in the individual and the conformity process that the voice of the individual gets lost. Likewise, as one of the playwrights that was influenced by Ibsen, Anton Chekhov writes “The Seagull” and he applies the symbol of the seagull like Ibsen’s wild duck. Moreover, the characters in Chekhov’s work clearly represent the wild duck that Ibsen describes in his work. This paper aims to analyze how Chekhov adapts Ibsen’s wild duck on the characters in “The Seagull” and shows his individual talent in addition to applying at the tradition.”
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The article is devoted to the definition of the term as a way of its studying. The study of the definition of the term within the framework of scientific and professional discourse is one of the most significant and actively developing directions in terminology and cognitive linguistics. Analyzing the definition of the term “biotechnology” in English and Russian, the author points to the lack of a well-defined definition of this term, which confirms the temporal definition of concepts in any science that can be transformed depending on the development of the latter.
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The article is dealing with translation issues of English terms of the spheres of agro-industrial and environmental industries. The issue of determining the term is considered. Particular attention is paid to possible variants and peculiarities of the translation of agrarian and environmental terms, examples of which are represented in the article. It was found that the translation process consists in the maximum accurate selection of the equivalent, or (if the equivalent does not exist) at least as accurate as its replacement, in order to achieve as accurate translation as possible, which corresponds to the structure, content, and logical sequence of the original.
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The present paper discusses two minorities in Japan, kaigai/kikoku shijo, and Brazilian nikkeijin through the prism of Pollock and Van Reken’s concept of Third Culture Kids (TCK) and Cross Cultural Kids (CCK), and reflects on their problems related to cultural identity and coping mechanisms for survival in a highly segregating society.
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Multiculturalism is the system of society that allows people of different cultural backgrounds to live together in harmony, whereas geocultural identity is the framework by which to classify a person based on their geographical and cultural roots. If identity and culture are to be intertwined in a social contract, then in a multicultural society, people shall have a right to protection of culture only. However, in the case of geo-cultural identity, some other rights (for example, identification with one's geographical heritage and cultural values) are also fundamentally deserved by all. Since this will create a more reasonable notion of rights and justice, which is the goal of any modern society, it is rational to say that geo-cultural identity in multiculturalism can be seen as a social contract. In this paper, I have analyzed the possibility of the coexistence of geo-cultural identity and multiculturalism through a social contract.
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