Double Payment Research Articles

지명채권양도에 있어 대항요건주의에 대한 고찰 - 비교법적 검토를 포함하여 -

An assignment of claim refers to a contract to transfer a claim while maintaining identity of the claim between an assigner (who is an obligee) and an assignee (who will become a new obligee). In the assignment of a nominative claim, assignee can effectively acquire the claim only by agreement between the assigner and the assignee. Since the obligor may not engage in the assignment of a claim by the obligee, it is unreasonable to impose any disadvantage therefrom on the obligor. Ultimately, as the person who contributes the property is the obligor, each country establishes a system under the legislation to protect obligors who are at risk of double payment due to double assignment of a claim even though there are differences in contents and methods in each country. Specifically, in a country with the bona fide protectionism, such as Germany, the order of superiority between assignees is determined depending on whether the obligor was aware of the senior (first) assignment, while in a country with the principle of requisite for setting up against, such as Japan, the order of superiority between assignees is determined depending on whether the obligor is aware of the assignment of a claim. On the contrary, it seems that the U.S. restatement of contract law focuses on whether the second assignee is worth being protected rather than focusing on obligor by determining the order of superiority depending on whether the second assignee had good faith in making the senior assignment. In recent, France revised its Civil Code to abolish the requisite for setting up against a third party in assigning the claim, and to make assignees determine their order of superiority according to the date on the claim assignment deed, defining the contract on the assignment of claim as a formal contract for that purpose. The requisite for setting up against obligor was also relaxed. For example, notice by the enforcement agency and consent by notarized deed required under the previous law was simplified to a simple notice and consent. Article 450 (1) of the Korean Civil Act stipulates that the assignment of a nominative claim cannot be set up against the obligor, unless the assigner has given notice thereof to obligor or the obligor has consented thereto, and Paragraph (2) of the same Article prescribed that the notice or consent cannot be set up against a third person other than the obligor, unless it is put in writing with a certified fixed date. The legislative proposal to change to bona fide protectionism, like the German Civil Code, is worthy of paying attention, but the principle of requisite for setting up against still has the practical value in that it contributes to safe transaction through protection against the risk of double payment for the obligor and the function of fixing the position of the assignee. And from a realistic perspective, in the current situation where the principle of requisite for setting up against has already been quite widely accepted, it is my opinion that it is more appropriate to consider other systems more suitable for the disclosure of requisite for setting up against, going beyond the recognition of the obligor of notice or consent, which is the current requisite for setting up against between obligor and the third party while maintaining the principle of requisite for setting up against. In this paper, based on a review of the legislative cases of each country, as an improvement to Article 450 of the Korean Civil Act, I am going to look into a method of executing an agreement on assignment of a claim in a written contract similar to that prescribed in the French Civil Code in relation to requisite for setting up against the third party and giving effect to the fixed date given thereto, and a method to request registration of assignment of a claim as a requisite for setting up against the third party in the assignment of a claim while maintaining the notice and consent, the requisite for setting up again

Whoever wants better healthcare simply pays more: citizens' perception about voluntary private health insurance in Colombia

ObjectivesTo explore the perceptions that Colombians have about voluntary private health insurance plans (VPHI) in the health system to identify the tensions that exist between the public and private systems.MethodsA qualitative case study approach with 46 semi structured interviews of patients, healthcare workers, healthcare administrators, decision-makers, and citizens. Interviews were recorded, transcribed, anonymized, digitally stored, and analyzed following grounded theory guidelines.ResultsWe developed a paradigmatic matrix that explores how, in a context mediated by both the commodification of health and social stratification, perceptions about the failures in the public health system related to lack of timely care, extensive administrative procedures, and the search for privileged care led to positioning VPHI as a solution to these failures. The interviewees identified three consequences of using VPHI: first, the worsening of problems of timely access to care in the public system; second, higher costs for citizens translated into double payment for technologies and services to which they are entitled; third, the widening of inequity gaps in access to health services between people with similar needs but different payment capacities.ConclusionsThese findings can help decision makers to understand citizens´ perceptions about the implications that VPHI may have in worsening equity gaps in the Colombian health system. It also shows, how VPHI is perceived as a double payment for services covered within social security plans and suggests that the perceived lack of timely access to care in the public systems and the fear that citizens have for themselves or their family members when using suboptimal healthcare are important drivers to purchase these private insurances.

К затянувшейся дискуссии об отмене кровной мести князьями Ярославичами

Since the publication in the late 18th century of the Advanced Edition of the Russian Truth (Justice), or Prostrannaya Pravda, almost all historians began to write about the abrogation of the the bloody revenge by the princes Yaroslavichs, referring to the content of the Article 2. For a long time, they ignored the fact that Pravda of Yaroslavichs (the Second Part of the Brief Edition of the Russian Truth, or Kratkaya Pravda) does not mention about this important reform of the sons of Prince Yaroslav the Wise. The attempt to resolve the contradiction between the two editions of the the Russian Pravda led to the emergence in 1860 of hypothesis about two congresses of the princes Yaroslavichs. The title of the Article 19 of Kratkaya Pravda mentions the first congress of the Yaroslavichs, and Article 2 of Prostrannaya Pravda refers to the second congress, at which the princes abolished the bloody revenge. After 1860 the majority of prerevolutionary and Soviet historians supported this hypothesis. Some writers wrote about only one congress, but they left also that the sons of Yaroslav abolished the vendetta. The information about the abrogation of the bloody revenge has become familiar in the general studies on the history of Ancient Rus’ and the history of the Russian law. In the 20th century only some historians (for example, V.O. Kliuchevskiy, N.A. Maksimejko) dared to suggest that the words about the abrogation of the bloody revenge is subjective and perhaps a misconception of the originator of Prostrannaya Pravda. The author of this journal article joins to this opinion. He believes that the originator of Prostrannaya Pravda made wrong conclusions from the content of the articles of Kratkаya Pravda. The vendetta has not been canceled. Unlike many historians of the 19th–20th centuries, the originator of Prostrannaya Pravda did not know about the second congress of the Yaroslavichs. He had the text of the entire Kratkаya Pravda. He read the Article 1 in it, the title by the Article 19 of Kratkaya Pravda with the mention of the congress of the princes Yaroslavichs, the following articles about the double payment (vira) for the murder of the prince's retainers, and decided that the Yaroslavichs had canceled the bloody revenge. This was the subjective opinion of the compiler of the Lengthy Truth, who most likely lived in the 13th century. Expressed more than 100 years ago by N.A. Maksimeyko and sympathetically accepted in 1940–1947 by B.A. Romanov, the hypothesis was unfairly forgotten by Soviet and modern Russian historians. All of the above compels to doubt the opinion about Prostrannaya Pravda as the official legislation of Old Rus’.

Индексация присужденных денежных сумм как норма перспективного действия: постановка вопроса

The article analyzes the procedural category “indexing of awarded amounts”. A brief analysis of the appearance of the category “indexing” in the procedural law of Russia in the context of historical and economic changes is given. The author concludes that the procedural rules on indexing serve the application of the economic category, not the legal one. The assumption is formulated that the norms on indexing by judicial practice and the scientific community are interpreted exclusively in a retrospective sense. However, in substantive law, the category in question is intended to regulate upcoming payments. In the absence of a unified theoretical understanding, such a situation creates legal inequality, which is unacceptable, according to the Constitution of Russia. In addition, the indexing of late payments awarded by the decision contradicts the principle of nominalism, which works in civil law. The author suggests understanding indexing in the process according to the meaning it has in the economic sphere, that is, as a category of prospective action. This understanding, firstly, eliminates the problem of double payment for one delay (which is a violation of the principle of double responsibility for one act) and, secondly, removes a number of issues arising in practice of its application, which are characteristic of the consideration of substantive disputes.

Цессия и добросовестность должника

The article is dedicated to the aspects of protecting the interests of the debtor in a situation where the assignment is invalid, including contestation on bankruptcy grounds. The author defends the point of view that the invalidity of the assignment primarily affects its parties, and the risk of payment to an uncontrolled person (assignee) can only be imposed as an exception, when the debtor’s knowledge of the invalidity of the assignment is obvious. This decision is based on the idea of protecting legal visibility formed as a result of notification by the assignee to the debtor about the assignment. The destruction of this visibility through the imputation to the debtor of the responsibility for knowledge about the assignment’s invalidity or deeming the debtor unfair the author believes to be erroneous and extremely dangerous for the stability of the turnover in which the assignments are gaining popularity. At the same time, their contesting occurs frequently. The act of the Supreme Court, which was adopted at the end of 2022, also demonstrates a dangerous mixture of the concepts of subjective and objective good faith. Expecting the debtor to wait until the dispute about contesting the assignment reaches the Supreme Court, while being under the risk of double payment, creates unreasonable uncertainty for the debtor.

Парадоксы закона и судебной практики, связанные с арендой земельных участков

Introduction: the paradox of the judicial practice on claims of the municipal authorities on forcing the conclusion of lease agreements of land plots with the owners of parking spaces in the underground parking lots (garages). The Tax Code of the Russian Federation (Article 15 of the Tax Code of the Russian Federation) establishes a fee for the use of land. The forms of payment for the use of land are land tax and rent. Article 15 of the Tax Code of the Russian Federation establishes that the land tax refers to local taxes and the payment for it goes to the local budget of the municipality in whose territory the tax was introduced. The right of ownership of land (real estate) is registered and is publicly available. The tax authorities immediately issue payment receipts and the owners pay the tax, so the payment for the use of land is observed. Nevertheless, the municipal authorities (the departments of municipal property of the DMI) require owners to conclude lease agreements, lease their property and pay a fee to the local budget. The courts satisfy such claims and create a paradox that does not meet the requirements of the Constitution of the Russian Federation (Article 36), the requirements of the Civil Code of the Russian Federation, which establishes that the landlord can only be the owner or a person authorized by law or the owner to lease the property (Article 608 of the Civil Code of the Russian Federation). It is paradoxical, but that’s the fact that the owner of his property becomes both a landlord and a tenant of his property. And the departments receive double payment for the use of land in the form of a local tax and in the form of rent. It is necessary to formulate the norms of the Tax Code of the Russian Federation and the Civil Code of the Russian Federation more clearly and expressly so that there is no possibility of a paradoxical interpretation of the procedure for their application. In addition, the courts recognize the owner as unreasonably enriched, since the registered ownership of the land plot is not considered a sufficient legal basis to use his property. The purpose of the study is the author’s attempts to show contradictions in the judicial practice on the application of the norms of the Constitution of the Russian Federation, the Tax Code of the Russian Federation, and the Civil Code of the Russian Federation. Methods: in the process of the research, the method of a systematic approach to the study of legal concepts, comparative legal analysis, and synthesis was used. Results: the author clearly shows the conflict of interests of the owners of land plots and the departments of municipal property. As a result of the study, it is shown that the wording of the norms of the Tax Code of the Russian Federation and the Civil Code of the Russian Federation allows them to be interpreted differently and, accordingly, applied differently. Conclusions: the author proposes the rules for the exact interpretation of the norms of law and changes in the judicial practice in such cases.

PAYING THE PIPER (IN ABSENTIA) SFF Association v Xstrata 2011 JDR 0407 (GSJ)

This decision focused on the impact of the Mineral and Petroleum Resources Development Act (28 of 2002, hereinafter “MPRDA”) on an old-order mining right (based upon a mineral lease) which had been converted into a mining right in terms of the transitional arrangements of Schedule II of the MPRDA. In particular, the court held that consideration in the form of a (contractual) royalty, as provided for in the mineral lease, remains payable upon conversion of an old-order mining right by its former holder (miner) to the grantor of the common-law mining right. The outcome of the decision, namely, continued liability for contractual royalties, has far-reaching consequences for such former holders of old-order mining rights. Continued liability would result in double payment of royalties by miners. This is because under the new dispensation, statutory royalties can be imposed by the state (s 3(1)(b) of the MPRDA) and were imposed and became payable upon commencement of the Mineral and Petroleum Resources Royalty Act (28 of 2008) on 1 March 2010. From the said date, in terms of this decision, double royalties would be payable by miners. If correct, it can be taken one step further. Owing to continued receipt of contractual royalties, former holders of common-law mineral rights would not have suffered an expropriation of property by virtue of the provisions of the MPRDA for purposes of item 12(1) of Schedule II of theMPRDA. Such expropriation would have taken place if the contractual duties to pay royalties had indeed been terminated upon cessation of old-order mining rights (as to such a possible claim, see further, Badenhorst and Mostert Mineral and Petroleum Law of South Africa 2004 (Revision service 7) 25–53). These consequences will be explained in more detail in this discussion as well as the correctness or not of the decision. I have written about the acquisition, nature, content, transfer and loss of old order rights before (see Badenhorst “The Make-up of Transitional Rights to Minerals: Something Old, Something New, Something Borrowed, SomethingBlue …? 2011 4 SALJ 763–784) to which the reader is referred. This decision sheds new light on this topic.

Blockchain Network Propagation Mechanism Based on P4P Architecture

Blockchain is a mainstream technology in which many untrustworthy nodes work together to maintain a distributed ledger with advantages such as decentralization, traceability, and tamper-proof. The network layer communication mechanism in its architecture is the core of the networking method, message propagation, and data verification among blockchain nodes, which is the basis to ensure blockchain’s performance and key features. When blocks are propagated in peer-to-peer (P2P) networks with gossip protocol, the high propagation delay of the protocol itself reduces the propagation speed of the blocks, which is prone to the chain forking phenomenon and causes double payment attacks. To accelerate the propagation speed and reduce the fork probability, this paper proposes a blockchain network propagation mechanism based on proactive network provider participation for P2P (P4P) architecture. This mechanism first obtains the information of network topology and link status in a region based on the internet service provider (ISP), then it calculates the shortest path and link overhead of peer nodes using P4P technology, prioritizes the nodes with good local bandwidth conditions for transmission, realizes the optimization of node connections, improves the quality of service (QoS) and quality of experience (QoE) of blockchain networks, and enables blockchain nodes to exchange blocks and transactions through the secure propagation path. Simulation experiments show that the proposed propagation mechanism outperforms the original propagation mechanism of the blockchain network in terms of system overhead, rate of data success transmission, routing hops, and propagation delay.

RON-enhanced blockchain propagation mechanism for edge-enabled smart cities

Edge computing can serve latency-sensitive data generated by smart IoT devices in smart cities, which cannot be accommodated by cloud services. However, edge-enabled smart cities applications face many security issues such as massive centralization, vulnerability to tampering, and tracing difficulty. Blockchain, as an emerging ledger technology, can be a useful solution to these problems. However, due to network propagation delay, blockchain fork may occur in the network of edge-enabled smart cities at some time. It can lead to double payment attacks and damage data integrity. To address this issue, this paper proposes a blockchain network propagation mechanism based on the resilient overlay network (RON) for edge-enabled smart cities. Firstly, it reconstructs the networking mode between the blockchain nodes in smart cities based on RON so that the blockchain nodes can quickly detect the link state of the Internet in smart cities. The shortest path algorithm and policy routing are then applied to construct the propagation path between the blockchain nodes to optimize the Gossip propagation mechanism and enhance the QoS and QoE. Simulation results show that the RON-based blockchain network propagation mechanism for edge-enabled smart cities is beneficial in terms of average route hop count, transmission success rate, routing overhead, average delay, and reduced fork probability.

Payment of forfeit as a legal consequence of the breach of obligations by the parties under the vehicle hire agreement

Problem setting. One of the legal consequences of the breach of obligations (including vehicle hire agreement) is payment of forfeit is both a way to enforce commitments and extent of civil liability and civil rights remedy Despite the fact that a significant amount of research has been devoted to the study of forfeit, the legislation governing the issue of forfeit in relation to vehicle hiring is imperfect and needs to be amended accordingly. Analysis of resent researches and publications. The issue of payment of forfeit as a legal consequence of a breach of contractual obligations has been studied by legal scholars in various respects. Basic research in this area has been conducted by A. Karapetov, K. Hrave, O. Ioffe, N. Maliein, V. Raikher, M.Brahinskyi, V.Vitrianskyi, R.Stefanchuk, O. Otradnova, I. Puchkovska, N. Raskazova, and others. At the same time, the issue of forfeit application as a result of violation of legal obligations under the vehicle hire contract was given insufficient attention, and thus the matter is urgent and requires further investigation. Target of research. The purpose of this paper is a general study and analysis of forfeit as a legal consequence of breach of obligations by the parties under the vehicle hire agreement. Article’s main body. The article provides general study and analysis of forfeit as a result of violation of obligations under the vehicle hire contract, as well as the grounds for its establishment. The provision is substantiated that at the stage of normal course of the obligation under the vehicle hire agreement forfeit performs only a security function, and it becomes the extent of civil liability only after the breach of the obligation by one of the parties whose obligation was secured by forfeit. The shortcomings of the current legislation dealing with the issue of legal regulation of forfeit, which is applied in case of breach of their obligations by the parties under the vehicle hire agreement, have been identified. Conclusions and prospects for the development. Forfeit, established by Part 2 of Article 785 of the Civil Code of Ukraine for delay by the lessee of the obligation to return the vehicle to the lessor in the amount of double payment for the use of the thing during the delay is essentially a fine, as calculated from the amount of unfulfilled or improperly fulfilled obligation – fees for the possibility of using the vehicle for the relevant period (hire fees). When deciding which type of forfeit to establish in the contract (fine or penalty), the parties to the vehicle hire contract should proceed from the fact that the type of forfeit applied should correspond to the essence of the obligation for violation of which it is established.

The Analysis of the Characteristics and Evolution of the Collaboration Network in Blockchain Domain

Blockchain is a decentralized database, which can protect the safety of trade and avoid double payment. Due to the widespread attention of researchers, the studies of this field have increased sharply in recent years. It is meaningful to reveal the development level and trends based on this literature. This paper adopts bibliometric methods to study the collaboration characteristics from the levels of author, institution and country. Furthermore, several kinds of collaboration networks and their centrality analysis are also presented, which not only display the development level and collaboration degree but also the evolution of author collaboration modes in different phases.

Logical Intervention in the Form of Work Breakdown Strategy using Object Constraint Language for e-Commerce Application

This paper proposes a framework for Rule Based inhibition on e-commerce website for prevention of double payment and computing time invariant for concurrent event handling. Authors have analyzed computational models in terms of Customer segmentation replicating their buying characteristics and Dialogue level constraint establishment through OCL. The tool used are MDT-OCL and matching logic for logic level interpretation. The MDT tool generates Context Syntax Tree. We have used LPG grammar to be applied WBS codification by differentiating Descriptive Noun containing description about the products and associated verbs about the product. Authors have used Eclipse plug-ins to embed it logic constraint mapping to check for any ontological errors and double selection and payment errors.

Hubungan Keadilan Distributif Dan Perilaku Kerja Kontraproduktif Pada Karyawan Indomaret Di Kota Bengkulu

The fact that there is still work in the field that can hamper the performance of human resources, such as contraproductive behavior. Behavioral contraproductive behavior is a serious problem that can also harm the organization as a whole. At Indomaret in Kota Bengkulu it self, some time ago there had been cases of price differences listed on the shelf of goods and on the scanner machine connected at the checkout counter. In addition, the cashier there is a mistake to record the goods purchased by consumers into two pieces causing a double payment. The purpose of this study is to determine the relationship of distributive justice and contraproductive work behavior on Indomaret employees in the city of Bengkulu. The sample of research is Indomaret employee in Bengkulu city. Data collection technique in this research is hand delivery by using questionnaire. The data has been collected and then analyzed using qualitative analysis approach. The result of research shows that there is a negative correlation between distributive justice and contraproductive work behavior to Indomaret employees. The relationship between distributive justice and contraproductive work behavior which is a negative relationship means that if distributive justice is perceived by the employee, then the likelihood of employees engaging with contraproductive behavior will be small.Keywords: Distributive justice, contraproductive work Behavior, Store leader, Indomaret Employee.

DO LITISCONSÓRCIO: BASES FUNDAMENTAIS PARA ENTENDIMENTO DO MECANISMO

The repetition of indebito arises in the tax order in the section of the National Tax Code that deals with the undue payments, and this is understood as the repetition as double payment of the tax, and thus, the legal order grants the taxed the right to recover what was defended in the civil sphere, the repetition of indebito and subject much discussed in the orbit of the Tax Law, being surrounded of norms and difficulties for its understanding.

Tax or social security contribution, a world of difference?

Abstract Cross-border employees and self-employed workers are confronted with the regulations of at least two states when it comes to taxation and social security. Without delving into the specifics of national regulations, this article examines the applicable rules concerning the levy of taxes and social security contributions in the context of cross-border employment. Regulations aimed at avoiding double taxation are different from those aimed at avoiding the double payment of social security contributions. Because social security in the Member States can be financed in different ways, the levying of so-called economic double taxation is possible. This is true in particular where states use a large part of the tax revenues to finance their social security system. Cross-border workers that are required to pay taxes in these states and also pay social security contributions in another state can feel that they are paying double social security contributions. This contributes to a sense of injustice and is undesirable. The conclusion is that possible double economic contributions must be studied in a broader European context. First, the problem must be identified and then solutions formulated in order to prevent double levying.

Cloud energy storage for grid scale applications in the UK

In this paper, the UK's electricity market and battery technologies were researched to determine the economics of aggregating domestic batteries for grid-scale services. A feasibility study was conducted under three scenarios in order to estimate the value of Advanced Lead-Acid (ALA) and Lithium-Ion (LI) batteries for domestic households in the UK. A profit optimization model was built using historical market data, and technical parameters of the batteries. An aggregated system of 5000 batteries was simulated and used to compare and stack value streams of seven different grid-scale services in the UK, including energy arbitrage, reserve and frequency regulation services.The results showed that using a battery system for domestic services is currently not economically viable, however grid-scale provision of dynamic frequency response and fast reserve services yield sufficient annual revenue to compensate for these losses. The annual profit margin per household obtained was £ 532/692 for ALA and LI batteries respectively, allowing a shared margin of £ 230–300 after accounting for household costs.The promotion of an aggregated storage system is hindered by current regulatory barriers in the UK, such as a double payment structure for storage operators, lack of subsidy and lack of separate definition for storage devices.

Engaging Faculty and Reducing Costs by Leveraging Collections: A Pilot Project to Reduce Course Pack Use

INTRODUCTION Academic libraries have the privilege of serving many roles in the lives of their institutions. One role that is largely untapped is their ability to actively leverage their collections to support faculty teaching and to reduce student out-of-pocket costs by eliminating systemic double payment for course materials. DESCRIPTION OF PROGRAM/SERVICE This paper details a project by the Scholarly Communications and Copyright Office (SCCO) at the University of Toronto that aimed to reduce this systemic double payment by leveraging collections and electronic reserves to provide a new service, the Zero-to-Low Cost Courses. Building on existing relationships with faculty, SCCO staff reached out to potential candidates, identified library licensed materials in their printed course packs, and created digital course packs which students could use at no cost. NEXT STEPS This article shares the results of the project and explores next steps in using existing library resources to actively reduce student course costs.

JULIAN, ULPIAN I NIETYPOWA POŻYCZKA. ZASTOSOWANIE ANALOGII W ROZWAŻANIACH PRAWNICZYCH

JULIAN, ULPIAN AND THE ATYPICAL LOAN: ON ANALOGY AS APPLIED IN LEGAL REASONINGSummary The paper concerns the legal controversy as to the possibility of transforming a debt that is due under a contract of mandate or any other consensual contract into a loan by means of a bare agreement (pactum). Under such an agreement the creditor would entitle his debtor to keep the equivalent of the debt – which already existed between them – as a loan. The discussion took place between Julian, the eminent jurist of the midsecond-century A.D, and Ulpian, the jurist of the first half of the third century A.D. Julian argued against the possibility of classifying the contract in question as a loan. His arguments were based on analogy, distinction, and reductio ad absurdum (D.17,1,34 pr.). Ulpian, on the other hand, defended the possibility that was ruled out by his predecessor. Interestingly enough, the latter relies on analogy as his main argument as well. His conclusion is drawn, however, from analogy with the very same situation which Julian considered distinct from the case in question (D. 12,1,15). In the article, it is argued that this diversity of opinions can be explained by the different interpretations of the characteristic of the loan as a real contract. From Julian’s standpoint, this characteristic required the loan to be the title of acquisition by the borrower of ownership of money or things that are thereby considered the object of the loan: if the money or things were acquired on any other grounds, no loan could be construed (not to mention the case where the debtor does not – materially – acquire any money at all). Ulpian, on the other hand, was concerned not as much with the material substrate of the loan as with the economical calculus: in this perspective, indeed, the agreement – which tended to replace the hitherto debt by the loan-debt of the same amount – turned out to be a perfect substitution of a double payment, which would lead to the same effect. It is important to note one of the consequences to which Ulpian’s reasoning could lead: the possibility that someone who has never obtained any money from anyone or indeed never had them, nevertheless could be considered to have borrowed them (e.g. someone obliged to pay damages is entitled by the creditor to keep the amounts due as a loan of money that he never materially obtained). In order to accept this consequence, some serious redefinition of the concept of the loan as a real contract seems necessary, to say the least. The paper argues that – when ruling out the transformation – Julian strove to avoid accepting this very consequence.

A Protective Method for the Vessel Owners Following the Collapse of O.W. Bunker: The Second Circuit Approval of Interpleader Actions in Hapag-Lloyd Aktiengesellschaft V.U.S. Oil Trading LLC

The collapse of O.W. Bunker has led to a frenzy of actual and threatened vessel arrests and delays, and vessel owners have faced demands for double payment. The split decisions made by the court across the world illustrate the difficulties arising from a bankruptcy in which contractual claims and maritime lien claims interact. The United States Court of Appeals for the Second Circuit affirmed the Southern District of New York’s decision and held that the in person am claims against the vessel owners and the in rem claims against the vessels were merely alternative procedural devices to obtain the same relief and therefore the court has subject matter jurisdiction over the Interpleader Actions. This was the first time the Second Circuit have encountered the issue of whether jurisdictions lies interpleader involving in rem actions. The courts addressed the apparent conflicts among bankruptcy law, maritime law, and interpleader relief. For vessel owners, the decisions in all such cases are notable because it means that vessel owners can utilize interpleader actions to protect themselves from multiple payments and from the risk of ship arrest arising from the O.W. Bunker collapse. Also, this development is important because the court equitably applied the personification doctrine, a choice that remains consistent with precedent and honors the purpose of interpleader actions.

Dlaczego Arystoteles sprzeciwiał się pobieraniu procentu?

The concept of interest belongs to the most intricate issues in economics. Even though it has been undertaken by the most prominent philosophers there is by far no consensus on its nature and origin. Aristotle proves that money – a medium of exchange – can not be a source of value which justifies charging the interest. St. Thomas Aquinas adds that the money utility comes down to its spending and, as a consequence, collecting interest is a claim for double payment and as such can not be justified. In modern times, along with an expansion of credit institution, the economists started questioning the arguments raised both by Aristotle and St. Thomas Aquinas. It has been proved that capital is productive and a source of interest on capital is the surplus of value of final goods over the value of commodities which had served to their production. The interest on capital has to be treated as a reward for risk or abstinence undertaken by an entrepreneur. A fundamental change in an approach to the concept of interest took place along with the 19 th -century revolution of value. Both Jevons and von Bohm-Bawerk noticed that a source of interest on capital needs to be associated with a difference in value of future and present goods. The interest as such is not a monetary phenomenon. A theory of interest developed by the subjective school of economics seems to be the first one which does not question the Aristotle’s assumptions and it can be interpreted as an evolution of the Aristotle’s concept.