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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 state of emergency initiated through Presidential Decree no. 195/2020, extended through Presidential Decree no. 240/2020, has raised a series of challenges in interpreting how insolvency procedures were impacted by the measure to suspend civil trials in courts, The insolvency procedure, per se, is not suspended. The measures refered solely to activity in court. The procedure to suspend the effects of initiating insolvency benefits from an express route regulated in Law no. 85/2014. The state of emergency has also had an effect on the terms regulated by Law no. 85/2014, in the sense that the statute of limitations is suspended. Basically, the legal terms for the fulfilment of obligations held by the insolvency practitioners were, for the most part, not suspended, since they are not included in the categories regulated by statutes of limitation.
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Unlike the previous regulation, the Law 85/2014 has established a deadline for the unilateral termination of the agreements that are causing prejudices to the debtor that is subject of the insolvency procedure – 3 months from the initiation of the procedure. However, in practice, we are facing several problems related to this deadline.
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This article shows the procedure steps unfolded prior to the sale of real estate assets during insolvency proceedings, regulated by Law No. 85/2014, the contract for the sale of real estate assets in insolvency and its particularities. Given the sanctions that can be applied when the legal provisions are not observed, knowing and applying these steps is relevant in practice for insolvency practitioners and vendors, as well as buyers and the notaries public managing authentic sale contracts.
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After we explored, in another context, the surface of some references about the perception of literature by traditionalist Horia Stamatu, we will now analyse the potential and real exercise of the readings he has done on some Romanian creators and their works: Ion Barbu and Mircea Vulcănescu. Horia Stamatu’s conclusion is: Barbu foresees his poetic trajectory and thus that of knowledge: from the turmoil of youth searching for his “heaven” and “expression” to finding it in “Secondary Game” and then to opening the sky in mystical and intellectual intuition. Essay on Mircea Vulcănescu is a balanced and subtle one, and some of the philosopher's ideas, are faithfully and productively annotated by the publicist. The philosopher thus appears to us as a man of his time and of the Romanian society in which he lived, hoped and wrote with lucidity and realism.
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Philosophy is an open-ended discipline and sometimes, it thrives on controversies. These controversies most times are created by scholars who come up and sting already and strongly accepted theories/traditions and this paper called scholars like these System and Systematic Stinkers of which Quine is one of those stingers. Quine expressed serious reservations about modern empiricism. He noticed that the reason why modern empiricism was able to affirm some statements as meaningful and others meaningless was because modern empiricism has been conditioned by analytic-synthetic cleavage and reductionism, which he called its (empiricism) dogmas. So, beaming these issues, this paper interrogated this contentions submission of Quine using the critical-analytic model. And it was apparent that Quine has changed the hard lining and the logical demarcation of the empiricists between analytic and synthetic statements into a distinction that should rather be made on pragmatic lines. He posited that to arrive at knowledge, the fields of human learning must align. This position not only shook the foundations of modern empiricism but it also shed more light on analytic philosophy and philosophy in general.
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Among several problems, little or not at all researched in national historiography is the issue related to the organization and functioning of spiritual and clerical life, especially the monastic one, in Bessarabia during the Russo–Turkish War (1806 – 1812). This research study reflects the role of the Moldavian–Wallachian exarch Garviil Bănulescu – Bodoni in organizing the monastic life in Bessarabia during this period. Based on published materials and especially the ones discovered in the State archives, the author describes the most important reforms carried out by the metropolitan in the monastic life of this period.
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In the last decade, a series of plans and policies that had a significant impact on the development of China’s drama industry have been adopted. One of these plans, “The Ministry of Culture’s Thirteenth Five-Year Plan for Cultural Industries Development”, proposed the development of theatrical performance by supporting the construction and renovation of theaters and other cultural consumption infrastructure, by guiding the social capital towards investing in cultural industries in various forms, and by promoting the technology of traditional cultural industries. The ideas and measures for the development of the cultural industry have greatly promoted the advancement of China’s drama industry management. The article starts by presenting the development status and the specific issues of China’s drama industry, and continues by exposing the corresponding measures taken by the state-owned and private enterprises to solve the problems. Taking Beijing People’s Art Theatre and Mahua FunAge as examples, it further analyzes the development of theater operations.
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The article analyzes marriage and its nature on the basis of a multidisciplinary approach, taking into account religious and legal aspects. The study conducted its own survey in different cities and villages of Ukraine, which covered 2083 respondents. As a result of an all-Ukrainian poll, it was found that 1/3 of those involved in the survey support the state's recognition of church marriage, i.e. giving it the same legal status as secular marriage. The legislation of the EU member states on the regulation and recognition of church marriages was analyzed. It was established that in a number of European countries (in the Great Britain, Italy, Latvia, Lithuania, Poland, Portugal, Slovakia, Sweden, Czech Republic, Finland and others) the legal effect of the church marriage is the same as ordinary secular marriage. Authors have concluded that it seemed unfair from the standpoint of the principle of equality in Ukraine and some other European countries not to recognize the church marriage.
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In the Arab Republic of Egypt, the result of the “Arab spring” was the transition from a secular dictatorship to an Islamic democracy, followed by protests in the street and the takeover of power in the state again, by the army, in what could be considered a coup d’état. It can be argued that the initiated changes beginning with 2011 have not led to the establishment of another type of regime, but to a return at the existing situation during the Mubarak regime, the army taking over the power, again, in the state. After Hosni Mubarak’s removal, Mohamed Morsi came to power, democratically otherwise, in June 2012, a so-called moderate Islamist, representative of Muslim Brotherhood. After a period of insecurity and instability, Morsi was overthrown, General Abdel Fattah el-Sisi took over the power, the formation of Muslim Brotherhood was banned, and the pro-democratic revolutionary aspirations were reduced to silence. Following the presidential elections of March 2018, President el-Sisi won a new mandate, by removing any real political opposition. This article aims to analyse Egypt’s foreign policy during 2013-2018, from the coup d’état executed by the Egyptian army in July 2013 and until April 2018, when Abdel Fattah el-Sisi succeeded to obtain a second mandate as President.
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This paper compares the management of ethnic conflicts in Nigeria and South Africa with a view to underscoring the intricacies involved in the management of deep rooted and complex conflict in Africa. The paper proposes, among other things, that ethnic conflicts in Africa are fallout of colonialism. The piece relies mainly on secondary sources. It adopts thematic approach to elucidate the salient points. The choice of thematic approach was to ensure a discernible flow of discourse. The study reveals that the effects of colonialism are a common factor in ethnic conflict in Africa. It is the contention in this paper that ethnic conflicts in Africa are products of insecurity, instability and poverty manifesting in hunger and starvation. Where corrupt and rapacious political institutions found their ways to power in African countries, they served as catalysts to ethnic conflicts. The position of this paper therefore is that to effectively manage ethnic conflict in Africa is to address the causative factors.
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Southeast Asia, since its early inhabitation, has formed a distinctive regional system thanks to its peculiar geography. The area that contains the Strait of Malacca, because of being at the crossroads of both internal and external regional water-borne trade and thus social interaction since ancient times, has gained a status of being the economic, politic and cultural hub of the region. The study argues the Southeast Asia regional system through two main periods; pre-colonial period and colonial period. The colonialism in the region has taken as the axis here since the Southeast Asia regional system has been established before and fully functioned until the advent of colonialism. During this period, Indian, Chinese and the Middle Eastern economic, politic and cultural influences spread to the region. The colonial administrations hit a fatal blow to the system and the economic, politic and cultural demography of the region changed dramatically. In the framework of this historical background, the study concludes that the recent Southeast Asian regionalism, rather than being a unique example, can be considered as a revival of the ancient Southeast Asian regional system.
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The essay examines the complex relationship between methodology and historiographic research in Marx's works. In particular, fundamental texts such as the Introduction to the Critique of political economy were considered and, especially, the Grundrisse; in the latter, particular attention was paid to Formen, die der Kapitalistischen Vorhergehn. The authors attempt to reconstruct the deep bonds that link the theme of continuity / discontinuity typical of historical processes with another considerably important theme, that of the abstract-concrete opposition proper to methodological reflection.
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The last century has brought with it many scientific discoveries in the field ofreproduction, which, besides being considered steps towards a new biological revolution, poseproblems in the field of law, especially in the family (filiation) or succession. However, theconviction that all that means scientific or medical discovery is the equivalent of a moral, corrector legal fact must not be absolute. Is it ethical, is it moral to use these techniques? Who couldanswer this question? Probably a balance must be found between the scientific and the moral.Can we be afraid of what might happen, namely what some authors (Guțan 2011) call eugenicselection (Popescu 2013)? Since 1978, since the first assisted birth, progress has been made inall areas. Countries such as the UK, US or Belgium have permissive legislation on medicallyassisted human reproduction techniques, others like Italy or Germany only allow certainreproductive techniques.With regard to the techniques of medically assisted human reproduction, the ECHRjurisprudence shows that they raise problems that are ethically and morally sensitive. Also, thereis no uniform approach in Europe in this area, therefore the decision on the principles andpolicies to apply in this sensitive area has to be taken by each state.
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Nowadays, people tend to enjoy living more and more in their parallel lives within the digital environment. But this phenomenon comes with its own challenges and responsibilities. The main challenge, which is also a responsibility, is to ensure cybersecurity. Encryption represents one of the most commonly used information security measures, but, at the same time, a very debatable measure. Despite its vital role for ensuring cybersecurity, encryption also facilitates criminal activities in cyberspace and even cyberterrorism. Therefore, I am going to present the two antagonistic ways in which encryption can be used, namely, cybersecurity and cybercrime, and their impact on the life of every person and on society as a whole. When analyzing the dual nature of using encryption, it is equally important to discuss the topic of encryption vulnerabilities, which undoubtedly generate data vulnerability. In this context, a lot of controversy has risen around the issue of State intervention through backdoors.
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Digital signature has not been an unknown tool for most notaries for quite some time,especially in the European area. Whether it is used solely for a more efficient communicationwith the public registers that are used very frequently in notarial activities or even for certaintypes of notarial instruments, this mechanism has become as present in the life of each notary asinkpot pens used to be in the past.Within the same Latin law system, some States confer a greater legal value to such amechanism, while other States limit its application to internal procedures. Although its degree ofuse is very different from one State to another, in some States (such as France) digital signaturereplaces holographic signature even in the authentication procedure, which is one of the mostsignificant notarial activities. Of course, for the time being, this mechanism is only an alternativeand does not exclude the possibility for the parties to continue to use the traditional means ofexpressing their consent.Also providing a historical overview of the way consent is externalized, this study aims toexamine the extent to which digital signature is currently used by public notaries and how it hasbecome an indispensable tool in current notarial activities. At the same time, the study alsoprovides a perspective on extending the use of digital signature in several types of notarialprocedures or even the possibility to replace digital signature with systems that identify peoplebased on artificial intelligence, such as digital fingerprint and facial recognition.
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