Default Form Research Articles

The moral accounting of debts: productivity, deservingness and the consensual creation of Chapter XIII bankruptcy

Abstract Chapter XIII’s wage-earner payment plans are now the default form of personal bankruptcy in the USA. During the Great Depression, it was created as a voluntary choice and enacted with unanimous legislative support. Absent conflict between creditors and labor and social reformers, legislators agreed that Chapter XIII was for the benefit of both honorable insolvents and their fair creditors. How did wage-earner payment plans emerge out of a consensual legislative process? Employing a computational abductive approach on a wide range of legislative, media and bankruptcy records, I show that Chapter XIII’s creation was facilitated by a ‘moral accounting’ that, based on their race and gender identities, positively evaluated most White men bankruptcy petitioners as ‘deserving’, even as it recognized occupational variations in their economic ‘productivity’. This study highlights how racial discourses of ‘deservingness’ are central to the construction of credit markets as part of America’s submerged welfare state.

Form factors and volume models for Falcataria moluccana in smallholder plantations, Central Kalimantan, Indonesia

ABSTRACT Falcataria moluccana (sengon) is grown extensively for timber production in smallholder plantations in Indonesia. However, stem form and volume information necessary for its sustainable forest management, yield estimation and carbon assessment are largely unavailable. Therefore, this study developed form factor and stem volume models for sengon trees in Central Kalimantan, Indonesia. Data were collected using a destructive method from 24 trees across six diameter classes. Two types of form factors, artificial and absolute, were determined, and their relationship with tree growth was established. Four form factor functions were fitted, and the accuracy of volume estimation using a default form factor was compared to the functions. Additionally, 11 stem volume models were developed, and their performance was compared with the commonly used published models. The form factor for sengon was estimated at 0.48, which was higher and more accurate than the absolute form factor. A linear relationship was observed between sengon tree form and growth, particularly with the artificial form factor (R 2 = 0.55–0.62). The Pollanschütz function was identified as the best form factor function, accurately predicting form factors for precise tree volume computations. Using the default form factor of 0.5 led to an overestimation of volume by up to 17%. Among the volume models, the power models with diameter as the sole predictor (MD3: V = 0.00018 * DBH2.3817) and with both diameter and height variables (MDH4: V = 0.000095 * DBH1.9974 * H0.6327) were the most accurate. Importantly, the models developed in this study offer improved accuracy compared to existing models from Java, which tend to overestimate stem volume. Therefore, this study provides suitable models and valuable insights for better valuation and management of smallholder sengon plantations in Central Kalimantan and other areas with similar site and stand conditions.

Predictors of accuracy in L2 Spanish preterit-imperfect production

Abstract Few studies have considered the multitude of factors that influence learners’ accuracy of past tense-aspect use in L2 Spanish. The present study fills this gap by examining course-level, task-modality, obligatory tense-aspect, and verb frequency and regularity as predictors of English-dominant learners’ accuracy in contexts that require the Spanish preterit or imperfect. Learner narrations from the COWS-L2H and CEDEL2 corpora were analyzed. Generalized mixed-effects models reveal that obligatory tense-aspect and task-modality are significant predictors of accuracy and that frequency is only a significant predictor in imperfect-obligatory contexts for students from the same Spanish program. Data from one Spanish program is interpreted as providing partial support for the Default Past Tense Hypothesis (DPTH). The findings add complexity to our understanding of the route of preterit-imperfect acquisition, showcasing plateauing effects and highlighting students’ use of the present as a default form.

Juridical Consequences of Anticipatory Breach as a Form of Breach of a Contract

Default is a condition in which one of the parties does not carry out or fulfill obligations to the other party as specified in an agreement. In addition, there are several forms of default: not doing something at all, doing something but it is too late, doing something only partially, and doing something prohibited. The concept, the forms, and the consequences of default are often encountered in various literature and legal experts' opinions, unlike the concept of Anticipatory Breach, which is a form of breach of contract/default that exists universally in contract law. In Indonesia, no positive legal provisions accommodate the Anticipatory Breach concept in the form of default. Its nonexistence becomes interesting from the point of view of contract law, where sometimes the parties to the agreement directly or indirectly commit a form of anticipatory breach in implementing the agreement. So that this will raise a question how the impact of an anticipatory breach on the sustainability and implementation of the agreement that the parties have made.

Wanprestasi dalam Perjanjian Pinjam Meminjam Uang pada PT. PNM Mekaar (Studi di Kelurahan Sei Putih Barat Kota Medan)

A money lending and borrowing agreement is an agreement that must be agreed upon by the parties, as well as with PNM Mekaar and customers in Sei Putih Barat Subdistrict, Medan City. Customers who want to borrow money are required to make an agreement that has been made by PNM Mekaar. Of course, there are customers who make loans who default, so this must of course be resolved because it has become an obligation that must be fulfilled. The purpose of this research is to find out agreements for borrowing and borrowing money, to find out the forms of default committed by customers, and to find out the settlement of defaults from PNM Mekaar in Sei Putih Barat Subdistrict, Medan City for customers who make defaults. The method used is to combine normative juridical and empirical juridical. The research results state that the customer must agree to the agreement that has been provided, the contents of the agreement are in the form of obligations that must be fulfilled and the agreement must be agreed upon by the group leader and the person in charge. The form of default that occurred to PNM Mekaar customers, West Sei Putih Village, Medan City, was not making payments on time and there were customers who ran away. The resolution of the default carried out by PNM Mekaar, Sei Putih Barat Subdistrict, Medan City, was to implement a joint and several responsibility payment system, and the group leader tried to find and contact the person in charge of the member who had run away.

PENYELESAIAN SENGKETA BISNIS EKSPOR IMPOR TERHADAP WANPRESTASI PERJANJIAN JUAL BELI KOPI ANTARA KOPERASI PEDAGANG KOPI (KOPEPI) KETIARA DENGAN ROYAL COFFEE

The buying and selling process can be established by parties (sellers and buyers) from various countries, this can be referred to as international business. In the implementation of this international business process, an international agreement can be made, which is also known as an export-import agreement. So that it will cause legal consequences that bind the parties involved in the agreement. Legal consequences arise in the form of rights and obligations that must be fulfilled by the parties. As in the import-export agreement between the Ketiara Coffee Traders Cooperative (KOPEPI Ketiara) from Takengon, Central Aceh Regency with Royal Coffee from the United States. However, in its implementation there is a civil dispute in the form of default on the export-import agreement that has been made. The method used in this research report is normative law, with library approach techniques. The theories used in this research are agreement theory and effectiveness theory. The conclusion obtained in this research is that the exporter and importer continue to perform their obligations but not on time and the parties agree to resolve the dispute through non-litigation by negotiation. Keywords: Agreement, Default, Dispute Resolution, Sale and Purchase

Community Understanding of the Pawn Agreement for Village Products in the Rumahkay of West Seram

The PKM activity with the title " Community Understanding of the Pawn Agreement for Village Products in the West Part of Rumahkay Seram " aims to: (1). Implementing the results of previous research with problems regarding the implementation of hamlet pawn agreements in Laimu Country, Central Maluku and the legal consequences, (2). As a form of education and increasing legal understanding, especially in the field of contracts (agreements) for the people of Rumahkay Country, West Seram Regency . This PKM uses an implementation method in the form of legal education activities carried out in a panel by the presenters, which is then followed by question and answer activities between the community and the presenters. In implementing PKM activities, it was found that the system of pawning hamlet products in Rumahkay Country was carried out in the form of an oral agreement based on trust. This often leads to legal problems because one party can deny the agreement on the grounds that there is no evidence. Therefore, it is recommended to the people of Rumahkay Country to be able to implement a system of pawning village products in the form of a written agreement to avoid various legal problems in the future in the form of default by other parties.

Analisis Yuridis Terhadap Wanprestasi Dalam Perjanjian Pembiayaan Penjaminan Fidusia

Even though creditors have a fairly large role in economic performance and guarantees in particular, the legal protection for creditors in fiduciary guarantee agreements is considered to be very weak and limited. This study aims to determine the extent of legal protection for creditors in order to achieve legal certainty in fiduciary guarantee agreements by examining theories, concepts, legal principles, and laws and regulations based on primary legal materials. This study uses normative and empirical legal research methods. Based on the research results, the form of default in the consumer financing agreement with a fiduciary guarantee in Decree Number 12/Pdt.GS/2022/PN Tjk, it was determined that Mr. Iwan Andi Yanuarta has defaulted. The Defendants violated the financing agreement with a fiduciary guarantee by committing an act of default. The judge's considerations in handling default cases in financing agreements with fiduciary guarantees in Decision Number 12/Pdt.GS/2022/PN Tjk are in accordance with the principles of justice. The defendant was proven to have violated Article 1238 of the Civil Code concerning Default and Article 1243 of the Civil Code concerning compensation and costs, resulting in serious legal consequences. The amount of compensation to be paid by the Defendants is Rp. 116,968,300.00.

Tanggungjawab PT. Asuransi Jiwasraya (Persero) Atas Perbuatan Wanprestasi Terhadap Tertanggung

Introduction: An agreement is an agreement made by two or more people who bind themselves to carry out a thing, which if one party does not fulfill or violates the agreement made then that party has defaulted.Purposes of the Research: The main problem in this thesis is the form of default committed by PT Asuransi Jiwasraya (Persero) against the insured and the responsibility of PT Asuransi Jiwasraya (Persero) for the losses experienced by the insured. This study aims to find out and understand the form of default committed by PT Asuransi Jiwasraya (persero) and the responsibility of PT Asuransi Jiwasraya for the losses experienced by the insured.Methods of the Research: This research uses normative juridical research using a case approach, statutory approach and conceptual approach.Results of the Research: The results of the research conducted, PT Asuransi Jiwasraya did not fulfill its obligations as an insurer or its successor according to the law that received the transfer of rights and obligations related to policy management, either partially or completely, from PT Asuransi Jiwasraya (Persero), while the insured fulfilled his obligations in the agreement agreed by both parties. sides

Analisis Perjanjian Sewa Menyewa Antara Pelaku Usaha Penyewa Kamera DSLR Dan Tindakan Konsumen Yang Beritikad Tidak Baik Di Era Ekonomi Digital

A rental agreement is a form of agreement that is widely used in everyday life, including in camera rental business activities. In the era of the digital economy, camera rental agreements are increasingly being used, both by businesses and consumers. However, in this era there is also the potential for bad consumer actions in implementing camera rental agreements. Consumer actions that are not good in implementing the camera rental agreement can be in the form of default, namely not fulfilling their obligations in accordance with the agreement. Defaults can include delays in returning the camera, damage to the camera, or even loss of the camera. Bad consumer actions in implementing camera rental agreements can be detrimental to business actors. Therefore, business actors need to take legal protection measures to anticipate these losses. Efforts for legal protection that can be taken by business actors include: Drawing up a clear and detailed rental agreement, and containing strict provisions regarding obligations and sanctions for consumers who default. Carry out identity and guarantee checks from consumers before renting out cameras. Supervise the use of cameras by consumers. Carry out complete documentation about the condition of the camera before and after renting it.

Perjanjian Dengan Jaminan Gadai Pada PT Pegadaian Cabang Tangerang

The development of the economic and monetary sector is now deemed necessary to further enhance the role of credit institutions on the basis of legal guarantees that meet the needs of the community. The government has provided various other credit/loan facilities through PT Pegadaian. The pawn agreement is made by the customer as the debtor providing the pawn and PT Pegadaian as the holder of the pawn. Pawn objects are movable objects with a few exceptions. The procedure for requesting credit until repayment is relatively easy without conditions which will cause new problems for customers. The approach method used is empirical juridical. The results of the research PT Pegadaian carry out its duties to help the community work well. The pawnshop is responsible for the maintenance and storage of the pawned goods by being insured. After the due date but the pawned goods are not taken or not redeemed is a form of default that occurs, the collateral goods will be auctioned with the applicable procedures. PT Pegadaian Tangerang Branch sometimes faces problems but all of them can be overcome by sticking to the company's mission, vision and goals, so that there is no prolonged dispute between customers and PT Pegadaian.

An MINLP formulation to identify thermodynamically-efficient distillation configurations

Designing configurations for separation of multicomponent mixtures by distillation is challenging because of (i) combinatorial explosion of the choice set, and (ii) nonconvex nature of the governing equations. This work proposes a novel Mixed Integer Nonlinear Program (MINLP) that is formulated to identify configurations that minimize the total exergy loss/maximize thermodynamic efficiency of the separation process. The formulation in its default form has several nonlinear nonconvex equations. We propose a model reformulation via a simple variable elimination technique to reduce the system of nonlinear equations to a single equation, which we refer to as the exergy constraint. We describe the properties of exergy constraints and exploit them in deriving additional valid cuts for the problem. Finally, we use the model for a case study concerning the recovery of Natural Gas Liquids (NGLs) from shale gas.

Simplification or Complexification: Auxiliary Selection and Anti-agreement Effect in Brazilian Venetan

In this paper we discuss a change in the auxiliary selectional pattern of Brazilian Venetan, a heritage Italo-Romance variety spoken in southern Brazil. Venetan varieties display a default form of the past participle in constructions with postverbal subjects and a fully agreeing form in constructions with preverbal subjects: this is true both for the homeland varieties of the language, spoken in northern Italy, as well as for the heritage variety under analysis in this paper, spoken in southern Brazil. A crucial difference emerges in unaccusative constructions: while Italian Venetan uses the same form of the auxiliary BE in presence of preverbal and postverbal subjects, Brazilian Venetan uses a specialized form of the auxiliary in the constructions with default agreement on the past participle, when postverbal subjects are present. We argue that the specialized auxiliary form emerges as a necessary resumption in the case of lack of agreement. The heritage variety becomes, therefore, morphosyntactically more complex than the non-heritage counterpart.

Bridging Inferences and Reference Management: Evidence from an Experimental Investigation in Catalan and Russian.

This article focuses on the choice of nominal forms in a language with articles (Catalan) in comparison to a language without articles (Russian). An experimental study (consisting of various naturalness judgment tasks) was run with speakers of these two languages which allowed to show that in bridging contexts native speakers' preferences vary when reference is made to one single individual or to two disjoint referents. In the former case, Catalan speakers chose (in)definite NPs depending on their accessibility to contextual information that guarantees a unique interpretation (or the lack of it) for the entity referred to. Russian speakers chose bare nominals as a default form. When reference is made to two disjoint referents (as encoded by the presence of an additional altre/drugoj "other" NP), speakers prefer an optimal combination of two indefinite NPs (i.e., un NP followed by un altre NP in Catalan; odin "some/a" NP followed by drugoj NP in Russian). This study shows how speakers of the two languages manage to combine grammatical knowledge (related to the meaning of the definite and the indefinite articles and altre in Catalan; and the meaning of bare nominals, odin and drugoj in Russian) with world knowledge activation and accessibility to discourse information.

Adaptive Indexing of Objects with Spatial Extent

Can we quickly explore large multidimensional data in main memory? Adaptive indexing responds to this need by building an index incrementally, in response to queries; in its default form, it indexes a single attribute or, in the presence of several attributes, one attribute per index level. Unfortunately, this approach falters when indexing spatial data objects, encountered in data exploration tasks involving multidimensional range queries. In this paper, we introduce the Adaptive Incremental R-tree (AIR-tree): the first method for the adaptive indexing of non-point spatial objects; the AIR-tree incrementally and progressively constructs an in-memory spatial index over a static array, in response to incoming queries, using a suite of heuristics for creating and splitting nodes. Our thorough experimental study on synthetic and real data and workloads shows that the AIR-tree consistently outperforms prior adaptive indexing methods focusing on multidimensional points and a pre-built static R-tree in cumulative time over at least the first thousand queries.

Complete acquisition in the heritage language: Evidence from indefiniteness in Turkish

This study investigates whether adult Turkish heritage speakers are able to refer to entities in discourse as required by semantic contexts. The focus is on the contrasting properties of Turkish (L1) and German (L2) with respect to semantics of indefiniteness, i.e., specificity and partitivity. Turkish morphologically distinguishes between specific/nonspecific and partitive/nonpartitive contexts on the indefinite direct object while German does not. We hypothesized that the Turkish heritage speakers would overgeneralize the unmarked form (bir noun) since this is the default form used in German regardless of the context and also acceptable in all contexts in Turkish. We further hypothesized that, if they ever opt for the case marked form (bir noun+acc), they would also do so incorrectly in nonpartitive and nonspecific contexts. Turkish heritage speakers living in Germany (n= 35) could dissociate semantic contexts and made similar preferences to those of monolingual native speakers of Turkish (n= 30). Our findings suggest that native language (L1) can develop despite early onset of the L2 and be maintained on a par with monolingual norms despite the presence of competing structures in the L2. We will discuss how insights from heritage language development can contribute to discussions about the bilingual’s ability in L1; and limits and possibilities of bilingualism.

Research on Corporate Indebtedness Determinants: A Case Study of Visegrad Group Countries

Debt financing is arguably the most important source of external financing for enterprises and has become popular in recent years. Corporate debt is related to the monitoring of corporate indebtedness, which is a necessary part of evaluating the overall financial performance of an enterprise and will occur if an enterprise does not have enough equity. However, rising indebtedness can be a difficult financial situation for enterprises in the form of default and an inability to meet their emerging liabilities. The main aim of this paper is to perform a debt analysis of enterprises operating in the Visegrad Group countries and subsequently examine whether firm size and legal form have a statistically significant impact on selected indebtedness indicators. Firstly, it was necessary to perform a debt analysis using 10 debt ratios. Subsequently, the nonparametric Kruskal–Wallis test was used to perform a more detailed analysis focused on examining statistically significant differences in individual indebtedness ratios based on firm size and legal form. Bonferroni corrections were applied to detect where stochastic dominance occurred. The Kruskal–Wallis test results reveal statistically significant differences in debt ratios in Visegrad Group countries, confirming the impact of firm size and legal form on calculated debt ratios. Recognizing the impact of several determinants on corporate debt is critical because these firm-specific features may be interpreted as proxies for default probability or the volatility of corporate assets, which may simplify the decision-making processes of creditors and stakeholders.

A quantitative study on zero copula in Japanese

This article investigates the nature of zero copula in Japanese from variationist sociolinguistic and historical perspectives. The corpus-based surveys revealed that zero copula has existed for a long period of time and used to be the default form in the relevant linguistic environments in the past, which currently undergoes a change toward an increase in the use of the overt copula. The questionnaire survey confirmed that the overt copula is considered the correct form as the norm of Japanese, and that zero copula is not linked to the casualness of speech unlike the case of copula omission. The discrepancy between the norm and the historical trajectory suggests that the change involves two stages: a change in grammar followed by a change from above. Regarding the change in grammar, a hypothesis was proposed as to how the change has progressed by drawing attention to the reanalysis of the structure with the particle to and subject markers related to the ECM construction.

Tahap Pematuhan Pensijilan Halal Malaysia Dalam Kalangan Pengurus Restoran Makanan Segera Di Negeri Johor (Compliance Level of Malaysian Halal Certification among Fast Food Restaurant Managers in Johor)

Islam requires mankind to consume halal and nutritious food. Therefore, it is the duty of individual to obey this command. With multiple background of races and religions, the Malaysian government through the Islamic Development Department of Malaysia (JAKIM) recognised the halal status of food products in the market via halal certification so that every Malaysian muslim mets this obligation. The halal certificate issued by JAKIM must be complying by the holders and any form of defaults will result in the certificate being revoked. This paperwork presents the findings of a study on 330 fast food restaurant managers in Johor upon their compliant level and gender factor on affecting the respondents’ level of halal certification compliant. The study found out that the respondents’ level of compliance is high (mean=4.79) where no significant differences of gender (p>0.05) towards their compliant level among the respondents.

The legal Consequences of Default of Parties in the Lease Agreement between PT. Kereta Api Indonesia (PT. KAI) with PT. J.Co Donuts & Coffee

The development of the rental business can not be denied can experience a problem along with its development, such as the problem of default that occurred between PT. J.Co Donuts & Coffee with PT. Kereta Api Indonesia (Persero). PT. J. Co Donuts & Coffee (the plaintiff) leased assets from PT. Kereta Api Indonesia (defendant) in the form of land and buildings for a period of 5 years. After the defendant made the payment for term I, the defendant did not immediately hand over the object of lease to the plaintiff to be used as a J.Co Donuts & Coffee store so this matter was brought to court. In the decision of the Supreme Court No. 211/K/PDT/2020, the judge decided that PT. KAI has defaulted by not handing over the object of the lease to PT. J.Co Donuts & Coffee. This study aims to determine the form of default and the legal consequences of the default dispute. The method used in this legal research is a normative juridical approach. The specifications used in writing this law are descriptive analytical. While the method used is a qualitative method. The results of the study indicate that the judge has decided on this case correctly, namely that the defendant has defaulted due to an error due to negligence. Furthermore, researchers also examine the legal consequences that arise in the decision of the Supreme Court no. 211/K/PDT/2020.