Natural Persons Research Articles

Companies’ Human Rights: The Implications for a Human Rights Approach to Climate Change Litigation in South Africa

ABSTRACT Taking a human rights approach to climate litigation is a more recent phenomenon in Africa than it is in the states of the Global North. Using South Africa as a case study, this article examines that approach and the implications of companies’ competence to assert human rights. It finds that companies, like natural persons, have certain human rights in South Africa, and that the human rights approach, which appears promising to litigant individuals and NGOs, is also available to companies. It argues that a human rights approach to climate change litigation can be used either positively by litigant individuals and NGOs or negatively by companies in the country.

THE CONDITIONS OF CRIMINAL LIABILITY OF THE LEGAL PERSON

In this article I tried to summarize essential aspects regarding the criminal liability of the legal person. People can be involved in criminal legal relations, both individually and organized according to the law in the form of legal entities. One of the subjects of criminal liability according to the Criminal Code in force is the legal person. Since it is an active subject of the crime different from the natural person, naturally the conditions for the existence of his criminal liability are also different. Also, the legal person attracts a distinct form of liability, with specific features, which is subject to its own rules, separate from those applicable to the natural person. However, like the natural person, the legal person is subject to compliance with the fundamental principles of criminal law. The legal person participates as a distinct legal subject in the most varied legal relationships: civil, commercial, financial, administrative, banking and criminal. The introduction into Romanian criminal law of the criminal liability of the legal person took place through Law no. 278/2006, amending the Criminal Code from 1968. Currently, the Criminal Code in force dedicates Title VI to this legal institution entitled "Criminal liability of the legal entity". I chose this theme considering the challenges it entails and the issues it raises. I tried to answer some of them, such as the premises of the criminal liability of the legal person, showing how the criminal sanction was reached from the historical perspective of the legal person, I then explained the necessity that determines the regulation of such liability in criminal law, I explained the notion of a legal person, I have shown the conditions under which the criminal liability of the legal person is engaged and the way in which legal persons are sanctioned from a criminal point of view. I also presented a case in which the criminal prosecution of this subject of criminal law is practically illustrated.

CRIMINAL SANCTION OF THE LEGAL PERSON

The criminal liability of the legal person is not a new institution in terms of criminal law, being a necessity of the current times in which legal persons are more and more involved in criminal resolution. Many times, natural persons resort to the moral side of individuals to commit illegal acts or give birth to legal persons aiming to avoid criminal liability through them, by interposing the legal person to the completed act. Thus, the criminal activity of the legal person represents the specific actions of one or more natural persons.

Natural Person and Legal Entity as a Guarantor in the Croatian Criminal Law

The paper analyzes the specificity of unreal criminal offenses of omission, which is manifested in the fact that those criminal offenses are committed by the guarantor. Given the specificity and rarity of punishable conduct of omission, the paper analyzes the legal position of the guarantor (as a natural person or legal entity) whose duty is to protect certain, but not all, legal goods. In addition to the fact that responsibility for omission is exceptional, the statuses that individuals have in society are explained through the prism of the grounds of the guarantor duty in Croatian but also from the aspect of different legal systems. The concept of the legal bases of the guarantor's responsibility, which represent the sources of unlawfulness and culpability in the guarantor's duty, is elaborated in detail, with a special emphasis on the guarantor's actions in mistake.

Democratizing the Access of Romanian Investors to Trading Financial Instruments through Specialized Platforms

By writing this paper, we aim to follow the evolution of Romanian retail investors’ access to trading financial instruments and cryptocurrencies through online platforms or specialized applications. We will follow the historical evolution of the participation of Romanian retail investors in trading on the capital market, the way in which access to trading is achieved, focusing in particular on the impact brought by the emergence of online platforms and mobile applications on the field. We will analyze the increase in the number of individuals using these specialized trading platforms, the cost of trading, but also the impact that this wave of new investors has generated on the prices of financial instruments and cryptocurrencies traded. We will also follow the reaction of the financial supervisory authorities in relation to the phenomenon, on a wider European and American level. Last but not least, we will also analyze the recent reaction of the Romanian legislator to this new reality as well as the simplification attempts from the point of view of the declaration of taxable income resulting from the trading of financial instruments, indicating the financial advantages and disadvantages generated by the current legislation for the Romanian investor, natural person.

The Relationship and Differences Between Surrogacy and Adoption in the Czech Republic

Surrogacy is a phenomenon that is receiving increasing attention all around Europe (but not limited to it). Some countries have already managed to incorporate it into their legal systems through explicit regulations or bans of such practice, whereas others remain reluctant about it. This unique mechanism of establishing a family has an interesting bond with another mechanism for family establishment – adoption. Although one may believe the difference between the two is clear as adoption has always been described as ‘accepting a foreign natural person as one’s own’, in reality, it is somewhat complicated, particularly in a country, whose legal regulations almost pretend that surrogacy does not relate to it. This study aims to analyse the two institutions, their differences, and the relationship between them. The key question is ‘Is there any difference, and if so what is the difference, between surrogacy and adoption of a minor child right after it has been born?’ This question entails other interesting questions, such as ‘Who can be a surrogate?’ or ‘Can she be already pregnant at the time she agrees to be one?’ Considering surrogacy is being broadly understood as based on a type of contract between the intended parent(s) and the surrogate, what characteristics should the surrogate have with respect to the close connection with adoption? Can she be already pregnant? All those questions are analysed primarily with respect to the Czech Republic and its blurred approach to surrogacy and missing special legislation. However, other countries and their approach to surrogacy are mentioned as well to provide additional context.

The Monetisation of Personal Data in EU Strategies: The Hoda/Google Case

In July 2022, the Competition and Market Authority opened, on Hoda s.r.l.’s recommendation, an investigation (Competition and Market Authority, 2022) against Google for its alleged abuse of its dominant position and for having hindered interoperability in sharing the data of its users with other operators. Hoda itself is a start-up, active in the intermediation of personal data through the Weople app; natural persons who register with the app delegate Hoda for the collection of their data held by other companies, which are then archived in a digital wallet. The aforementioned proceeding concluded with an undertaking, with communication dated 28th February 2023, by the Alphabet company, to develop new, automatic tools that allow network users to download and export their data from Google to a third-party app. The case leads one to reflect on the consequences and challenges that Europe is called upon to face in managing the phenomenon of the governance and the monetisation of personal data. The institution of data portability, to the extent that it facilitates the circulation of data and the mobility of users, offers alternative operators the possibility of exerting competitive pressure on tech giants such as Google, which assert their dominance on the creation of ecosystems based on the management of potentially unlimited quantities of data, functional to one’s business model. The topic arouses particular interest because if, on the one hand, it paves the way for the monetisation of personal data, on the other, it leads one to reflect, as highlighted in the past by the President of the Guarantor Authority for the protection of personal data, on the consequences in terms of a re-feudalisation of social relationships that the remuneration of consent to the treatment of one’s data would risk determining.

Analysis of criteria for the detection of the unjustified patrimonial increase of natural persons in Peru

En la actualidad, se observa que las personas naturales incrementan significativamente el valor de su patrimonio, en muchos casos, dichos incrementos no tienen justificación alguna, por lo que omiten el pago de sus tributos, generando en el país una baja recaudación. El presente trabajo investigación tuvo como objetivo analizar los criterios que permiten la detección del incremento patrimonial no justificado en las personas naturales del Perú. La metodología aplicada fue de tipo cualitativo, diseño fenomenológico, tiene un muestreo no probabilístico basándose en las experiencias profesionales de tres expertos en materia tributaria. Obteniendo como resultado que la administración tributaria aplica ciertos criterios, clasificados en los siguientes rubros: sistema financiero, social, informalidad, fiscalización y digitalización. Siendo los criterios más resaltantes durante la pandemia COVID 19 el comercio electrónico y redes sociales, utilizados para generar ingresos y evadir impuestos. Se concluye que las personas naturales incurren en incremento patrimonial injustificado, por desconocimiento, porque no desean formalizarse o porque no cuentan con un equipo técnico contable que les oriente en los criterios antes mencionados. Se sugiere que la administración tributaria, deba fiscalizar a los nuevos criterios relacionados con la digitalización, para reducir el incremento patrimonial no justificado en el Perú.

Protection of non-original objects generated by artificial intelligence: the Ukrainian copyright law approach

Abstract The Law of Ukraine ‘On Copyright and Related Rights’ of 1 December 2022 is the first attempt in the Ukrainian legislation to regulate relations concerning non-original objects generated by a computer programme (including artificial intelligence (AI)). The aim of the article is to analyse the approach to dealing with non-original objects generated by AI proposed by the Ukrainian copyright legislation. The paper provides a general overview of the Ukrainian copyright law approach to non-original objects generated by a computer programme. After that, special attention is paid to the meaning and scope of non-original objects generated by AI. Finally, the article discusses a question of who should be a holder of sui generis rights to non-original objects. Positively estimating the legislative novelty and the accuracy of terms ‘a non-original object generated by a computer programme’ and ‘works created by natural persons with using computer technologies’, the article provides some recommendations concerning art 33 of the Law of Ukraine ‘On Copyright and Related Rights’ interpretation and further legislation improvement.

Theoretical aspects of opening proceedings in the case of insolvency of a debtor – a natural person in accordance with the Code of Ukraine on bankruptcy procedures

The paper analyzes the theoretical aspects and legal norms regulating the procedure for initiating proceedings in cases of personal insolvency according to the Bankruptcy Procedures Code of Ukraine. It provides an in-depth analysis of Article 115 of the Code, which establishes the grounds for the court to decide to start examining a case of insolvency. This includes examining the debtor's inability to fulfill obligations to creditors, the absence of assets that can be subjected to enforcement, and other factors affecting the debtor's financial state. The paper delves into the legal intricacies and conditions under which a court can declare an individual insolvent, highlighting the critical importance of these conditions in protecting both the debtor and the creditors. Special attention is given to the importance of a detailed understanding and proper application of each norm, considering judicial practice and procedural nuances that can significantly affect the effectiveness and fairness of bankruptcy proceedings. The paper underscores the necessity for legal practitioners to be well-versed in these norms to navigate the complexities of insolvency cases effectively. It discusses how minor procedural missteps or misunderstandings of the law can lead to significant delays or even unjust outcomes, emphasizing the need for precision and thoroughness in legal proceedings. The role of the court is critically examined, particularly in ensuring an objective examination of the case circumstances. The court's duty is not limited to the evidence presented by the parties; it must also consider all relevant circumstances that might affect the case outcome. The paper highlights the court's subsidiary duty to assist the debtor in establishing the necessary circumstances for initiating proceedings, which is essential for ensuring that justice is served and that the debtor's rights are protected throughout the process. Furthermore, the paper discusses the broader implications of these legal norms and practices on the financial system and society. It considers how effective bankruptcy procedures can contribute to economic stability by providing a structured method for resolving insolvency issues. This, in turn, can encourage responsible lending and borrowing practices, as all parties have a clear understanding of the legal recourse available in cases of financial distress. This paper is particularly beneficial for lawyers, judges, and anyone interested in personal bankruptcy procedures, as it provides a comprehensive understanding of the procedural requirements and approaches used in Ukrainian legal practice. By offering detailed insights into the legal framework and practical applications of the Bankruptcy Procedures Code, it serves as a valuable resource for those involved in or studying insolvency law, helping to ensure that personal bankruptcy cases are handled with the highest standards of fairness and efficiency.

지속가능한 자연생태계 보존을 위한 자연의 권리 연구

The Civil Law limits the qualifications to have legal personality to ‘persons (natural persons or corporations).’ However, since the 1970s, the opinion that there is a need to extend the legal qualifications for rights subjects, which are limited to humans, to include nature or natural components has emerged as a major concern in law. This is a discussion about the so-called rights of nature. A representative recent example is the Republic of Ecuador. In September 2008, Ecuador revised its constitution and established a new regulation recognizing the rights of nature, thereby providing a constitutional basis for nature to protect its own right to survival. Meanwhile, Republic of Bolivia became the first country to recognize the rights of nature in law by enacting a law declaratively defining universal rights to the rights of nature in December 2010. And Republic of Colombia does not have provisions on natural rights in its constitution. However, the Constitutional Court and the Supreme Court recognize the existence of natural rights by actively interpreting environmental rights and the relationship between nature and humans from the perspective of ecocentrism. Article 35 of the Constitution of the Republic of Korea also provides for environmental rights. However, this is not intended to recognize nature as a subject of rights, or to protect the intrinsic value of nature itself or the ecosystem. Nature and its components are recognized only as tools for human benefit. However, with this human-centered view of nature, it is impossible to fundamentally resolve today's natural destruction and the resulting climate crisis. Therefore, in order to ensure a sustainable natural ecosystem for future generations, theoretical attempts are underway to grant a certain legal status to non-human nature or natural objects. In this paper, I reviewed the concept of the rights of natural objects other than humans or nature itself among the subjects of nature, as well as domestic discussions and major overseas cases regarding natural rights. And a plan for domestic acceptance of natural rights was sought.

What to do With Cross-Border Environmental Pollution: Legislative Aspects

Abstract – Environmental torts and possibility of trans-border dispute settlement thereof has gained significant prominence in the recent years. Cases such as Urgenda foundation v the State of the Netherlends, Milieudefensie et al. v. Royal Dutch Shell plc., ClientEarth v. Enea, Neubauer et al. v. Germany demonstrate that environmental tort cases can be brought by stakeholders globally rather than relying on involvement of a relevant national responsible authority. EU climate policy of decreasing GHG emissions and the ambitious target of reaching climate neutrality by 2050 has resulted in a rapid development of environmental law. Thus, environmental regulation is becoming increasingly complex and possible breaches may cause serious legal consequences affecting everyone not just selected individuals or states. These developments could possibly lead to a necessity of a forum or rules where any natural person or an NGO could bring a claim against a state or multinational corporation which engages in illegal activities causing harm the environment on a global scale. Using litigation as a tool to empower society to stand against environmental wrongdoers may serve as a deterring factor to maintain order when it comes to environmental regulation. While such reasoning may seem farfetched and extreme, nevertheless it still raises a question of current regulation on determination of jurisdiction and the applicable law and whether it would be possible to benefit from developing these rules. By engaging in a systematic literature analysis identifying the relevant terms, the research shall explore the basic principles of private international law in relation to assigning jurisdiction and determining applicable law in claims concerning environmental torts. The research shall develop a methodology with the aim of covering and identifying a wider range of problems related to the determination of jurisdiction and application of law in cross-border environmental tort claims. Some of the main issues concern the determination of defendants in cases involving multinational corporations, multi-claimant cases, and the compensation of indirect damages. An exploration of material aspects in the developments of the current EU regulation and guidelines shall be analysed in conjunction with the aforementioned notion. The result of the study not only will reflect the specifics of the application of the Brussels Ibis Regulation and Rome II regulation in cross-border environmental torts, but also how the EU environmental regulation could potentially promote corporate responsibility and environmental protection. Thus, developing research on interaction between private international law and environmental law. Keywords - environmental tort, SEG emissions, jurisdiction, applicable law, cross-border pollution

On the advantages of using AI-generated images of filler faces for creating fair lineups

Recent advances in artificial intelligence (AI) enable the generation of realistic facial images that can be used in police lineups. The use of AI image generation offers pragmatic advantages in that it allows practitioners to generate filler images directly from the description of the culprit using text-to-image generation, avoids the violation of identity rights of natural persons who are not suspects and eliminates the constraints of being bound to a database with a limited set of photographs. However, the risk exists that using AI-generated filler images provokes more biased selection of the suspect if eyewitnesses are able to distinguish AI-generated filler images from the photograph of the suspect’s face. Using a model-based analysis, we compared biased suspect selection directly between lineups with AI-generated filler images and lineups with database-derived filler photographs. The results show that the lineups with AI-generated filler images were perfectly fair and, in fact, led to less biased suspect selection than the lineups with database-derived filler photographs used in previous experiments. These results are encouraging with regard to the potential of AI image generation for constructing fair lineups which should inspire more systematic research on the feasibility of adopting AI technology in forensic settings.

Recognition of a person as missing or declaring them dead in court procedure: separate aspects

The article is devoted to the study of certain aspects of recognizing a person as missing or declaring him dead in court. In particular, the issue of courts leaving applications in this category of cases without movement or refusing to grant such applications due to the non-compliance of the applications with the established requirements of the law was investigated. For this purpose, it was established that in accordance with part 1 of Article 46 of the Civil Code of Ukraine, a natural person may be recognized by the court as missing if there is no information about his whereabouts during one year at his place of permanent residence. According to part 1 of Article 46 of the Civil Code of Ukraine, a natural person can be declared dead by a court if there is no information about his whereabouts for three years at his place of permanent residence, and if he went missing under circumstances that threatened him with death or give reason to assume her death from a certain accident – within six months, and if it is possible to consider a natural person as having died from a certain accident or other circumstances as a result of man-made and natural emergencies – within one month after the completion of the work of a special commission formed as a result of man-made and natural emergencies character. According to Part 2 of Art. 46 of the Civil Code of Ukraine, a natural person who went missing in connection with hostilities, an armed conflict, may be declared dead by a court after the expiration of two years from the date of the end of hostilities. Taking into account the specific circumstances of the case, the court may declare a natural person dead even before the expiration of this term, but not before the expiration of six months. It was determined that Article 306 of the Code of Civil Procedure defines the requirements for the content of statements about recognizing a natural person as missing or declaring him dead. According to the results of the analysis of legislation and judicial practice, the necessity of making changes to the norm that defines the content of the statement on recognizing a person as missing or declaring him dead is substantiated, and the revision of such a norm is proposed.

A statement of claim as a statement on the merits of the case in a civil and economic process

The article examines the general characteristics of a claim as a statement on the merits of a case in civil and economic proceedings. It is noted that the separation of statements on the merits of the case is typical only for legal proceedings, while for other types of civil and commercial court proceedings, similar types of procedural documents are not allocated. The Code of Criminal Procedure and Code of Criminal Procedure of Ukraine gives an exclusive and identical list of statements on the merits of the case, among which the statement of claim is included. A statement of claim as a statement on the merits of the case formulates a material and legal claim regarding the subject of the dispute, to which the court of first instance must give an answer, having considered the civil or economic case on the merits. A statement of claim acts as a form of existence of a claim in a civil and economic process. A lawsuit cannot exist outside of the statement of claim, although its individual elements may appear outside of this procedural document. For example, the subject matter or cause of action may be recorded in the application for change of subject matter or cause of action. A statement of claim as a statement on the merits of the case is a procedural document issued by the parties to the case (their representatives), but not by the court. In this case, it cannot be considered a law- enforcement document, even if the plaintiff will refer to the legal norms that qualify his claim or its grounds in the content of the claim statement. A statement of claim in a civil and economic process can be filed by a large number of participants in the case (their representatives): the plaintiff, the defendant, a third party with independent claims, a court representative, the Human Rights Commissioner of the Verkhovna Rada of Ukraine, a prosecutor, a body of state power or local self-government, a legal and a natural person in the cases provided for by law. The peculiarity of the statement of claim as a statement on the substance of the dispute is that its nature is related to material and procedural law, the appearance of this document affects the course of material and procedural relations. In addition, the statement of claim acts as a stage document, since it is not possible to submit it at every stage of the civil or economic process.

Subjects of the right to a constitutional complaint in Ukraine, Czech Republic and Poland: comparative analysis

The article is devoted to a comparative legal study of the legislation and the practice of its application in relation to the subjects of the right to a constitutional complaint in Ukraine, the Czech Republic and Poland. The author examines the provisions of the Constitutions of the countries, mentioned above, special laws which regulate the right to a constitutional complaint of corresponding subjects, as well as the constitutional courts practice in each of the previously mentioned countries. The study highlights not only a clear list, but also the essence of the subjects of the right to a constitutional complaint in Ukraine, the Czech Republic and Poland through the prism of judicial practice. The author outlined main peculiarities of natural persons, legal entities, in particular legal entities of public law and the state, as well as local self-government bodies as subjects of the right to a constitutional complaint. A significant role is assigned to legal entities and local self-government bodies, because the legislation and judicial practice distinct greatly with regard to these categories of subjects of the right to a constitutional complaint that the legislation and judicial practice in the studied states differ the most. The right of public associations and individuals to file a constitutional complaint on behalf of other (third) persons is also being investigated. The issue of attorneys’ participation in Ukraine, Poland and the Czech Republic both at the stage of preparing constitutional complaints and during court proceedings in each of these countries is revealed. As a result, appropriate proposals were made to improve domestic legislation concerning this issue. Having studied the Czech and Polish approaches to the essence of subjects entitled to a constitutional complaint, the author identified problems and suggestions for improving the relevant legal regulation in Ukraine. In particular, amendments were proposed to Article 56 of the Law of Ukraine “On the Constitutional Court of Ukraine” regarding the definition of the more precise subjects list of the right to a constitutional complaint. Having carried out this comparative legal analysis, the author proposed instances when it is appropriate to grant legal entities of public law and local self-government bodies the right to file a constitutional complaint in Ukraine. The author also provides grounding in irrationality of granting such a right to state bodies in Ukraine because of state administration peculiarities.

Debt restructuring procedure of an individual

The article examines the procedure for restructuring debts of an individual in the process of bankruptcy. It is noted that the relevance of this article in the context of the procedure for restructuring the debts of an individual in the process of bankruptcy is determined by the need to understand and develop mechanisms that will allow debtors with financial difficulties to receive effective support and preserve their rights during such procedures. On the basis of judicial practice, it is determined that the restructuring of the debtor’s debts is the first, mandatory and priority stage of the case of insolvency of a natural person, in which the debtor can exercise the right to change the method and order of debt payment, taking into account his objective capabilities and desire to settle with by creditors, having guarantees of leaving part of the income to meet household needs and can receive forgiveness (write-off) of creditor claims or part of them. The mechanism of drawing up a plan for restructuring the debts of an individual is analyzed. It was concluded that the restructuring of the debts of an individual is the optimal way to end the bankruptcy case both for the individual and for his creditors, since his solvency is restored and debts are repaid. The procedure for restructuring the debts of an individual will be implemented on the condition that the debtor implements the restructuring plan on time and in full. Based on the analysis of judicial practice and legislation, including European countries, it is proposed to implement out-of-court debt restructuring of an individual, namely the approval of a restructuring plan based on a settlement agreement between an individual and creditors. It is argued that a general retreat from excessive formality and burdensome procedures in restructuring the debts of individuals in Ukraine can contribute to improving the efficiency of this process and protecting the interests of all parties. Such implementation will help to improve the efficiency and accessibility of the debt restructuring procedure of natural persons in Ukraine, contributing to solving financial difficulties of citizens and ensuring the stability of the country’s financial system.

Civil law regime of objects generated by artificial intelligence

The article is devoted to the civil law aspects of the problems of artificial intelligence and its place in the structure of civil law relations, as well as questions regarding the legal regime of objects generated by artificial intelligence. The approaches expressed in the domestic legal doctrine regarding the understanding of artificial intelligence as an object and as a subject of civil law relations, as well as a point of view regarding the possibility of simultaneously considering artificial intelligence as an object and as a subject of such legal relations, are analyzed. On the basis of approaches to the definition of the concept of «artificial intelligence», which are beginning to be formed at the level of legal acts of the United Nations and the European Union, as well as enshrined in the legislation of Ukraine, it is concluded that artificial intelligence must be considered as an object of civil law relations. In this regard, a critical position has been expressed regarding attempts made at the theoretical level to interpret artificial intelligence or robots endowed with artificial intelligence as subjects equivalent to natural persons, as quasi-legal entities. The main provisions of the Law of Ukraine «On Copyright and Related Rights» on the sui generis right on a non-original object generated by a computer program, which can be considered corresponding concept of «object generated by artificial intelligence», have been analyzed. The features of a non-original object generated by a computer program are singled out as a special type of an object of sui generis right. A position has been expressed regarding the expediency of clarifying the provisions of the Law of Ukraine «On Copyright and Related Rights» in the part of defining the subject of a sui generis right to a non-original object generated by a computer program. It was concluded that objects generated by artificial intelligence can be classified as objects of intellectual property law, within the framework of which their legal protection should be ensured by a special kind of right – sui generis right. The expediency of enshrining the main provisions regarding the sui generis right to an object generated by artificial intelligence in Book 4 of the Civil Code of Ukraine is emphasized.

Attitudes towards Technology: Insights on Rarely Discussed Influences on Older Adults’ Willingness to Adopt Active Assisted Living (AAL)

Background: European research policy promotes active assisted living (AAL) to alleviate costs and reach new markets. The main argument for massive investments in AAL is its potential to raise older adults’ Quality of Life and enhance their freedom, autonomy, mobility, social integration, and communication. However, AAL is less widely spread in older adults’ households than expected. Research Aim: We investigate how the variable “technology acceptance” is connected to socio-economic-, social, health, “personal attitude towards ageing”, and “Quality of life” variables. Method: We conducted a study in Vienna between 2018 and 2020, questioning 245 older adults (M = 74, SD = 6.654) living in private homes. We calculated multivariate models regressing technology acceptance on the various exploratory and confounding variables. Results: Experiencing an event that made the person perceive their age differently changed the attitude towards using an assistive technological system. Participants perceived technology that is directly associated with another human being (e.g., the use of technology to communicate with a physician) more positively. Conclusion: Older adults’ attitudes towards technology may change throughout their lives. Using major events in life as potential entry points for technology requires awareness to avoid reducing the lives of older adults to these events. Secondly, a certain human preference for “human technology” may facilitate abuse if technology is given a white coat, two eyes, a nose, and a mouth that may falsely be associated with a natural person. This aspect raises the ethical issue of accurate information as a significant precondition for informed consent.

ESG performance, heterogeneous creditors, and bond financing costs: Firm-level evidence

Exploiting credit spread to measure firm bond financing costs, this study explored the impact of environmental, social, and governance (ESG) performance on bond financing costs from the perspective of heterogeneous creditors. Our results revealed that national interbank bond market and qualified institutional investors are increasingly interested in aligning their capital with ESG-related investment opportunities. Thus, they require a low rate of return from firms with good ESG performance. In contrast, domestic legal and natural persons and ordinary institutional investors are unlikely to accept a low investment return in exchange for the positive impact of ESG. Additional robustness tests confirmed the results, including firm-fixed effects, variable substitution method, supplemental variable method, lagged variable approach, instrumental variable analysis, and propensity score matching. The results of mechanism analysis indicated that the bond cost reduction effect of ESG is achieved by improving firms’ information disclosure quality and reputation. In addition, because of trade-off theory and agency problems, the environmental and social factors of ESG have only a limited impact on bond cost reduction, whereas the governance factor markedly reduces bond costs.