Personal Assets Research Articles

Piercing the Corporate Veil and Its Variations (On the Example of German, American, and English Legal Practices)

The capital form of a corporate entity is currently the most prevalent form of conducting business worldwide, driven by its diverse, profitable, convenient, and investor-oriented structure. Specifically, the privilege of limited liability encourages interested parties to boldly diversify their business portfolios without the risk of losing personal assets. However, this fundamental principle of corporate law also has exceptions, known as piercing the corporate veil. Most developed countries agree that in certain cases, it is unavoidable and necessary to invoke this exceptional measure to maintain or restore justice. This pertains to the personal liability of partners in cases of "abuse of rights" within the corporate structure. This paper examines the concept of piercing the corporate veil and the various approaches developed and established in different countries. Following the introduction, there is a brief historical overview of the formation of this doctrine, which thematically encompasses the essence of legal entities—legal fictions—and their independent, separate legal status, logically leading to the possibility of disregarding this separation through exceptional measures. It is crucial to highlight the legal foundations that legitimize the application of traditional piercing of the veil in the judicial practices of different countries, making the essence of the sub-types of this doctrine comprehensible to the reader. Additionally, the research aims to showcase the similarities and differences with variations such as reverse veil piercing in American law and the doctrine of lifting the veil in English law. Furthermore, the paper presents the latest approaches of German courts regarding the application or restraint from piercing the veil, where the aforementioned American/English terminology is not used, yet the approaches are fundamentally closely related. The conclusion summarizes the results of the research conducted around the topics discussed in the article.

Medicolegal Sidebar: Can You Lose Personal Assets in a Medical Malpractice Lawsuit?

Medicolegal Sidebar: Can You Lose Personal Assets in a Medical Malpractice Lawsuit?

LITERASI KEUANGAN BAGI KUBE (KELOMPOK USAHA BERSAMA) GANTARI JAYA DI KOTA DENPASAR

This community service aims to provide financial management knowledge to business actors who are members of the Ganatri Jaya Joint Business Group (KUBE) which is facilitated by Graha Nawasena Rumah Harapan Disabled Denpasar City. The separation of personal finances and business finances is still widely mixed in their use and recording. In fact, separating personal finances from business as a form of financial management is very important to support business continuity. Financial literacy is a very important thing to provide to business actors so that they can manage their business finances well. Financial management is the key to someone's success in running their business. Remembering the importance of recording and managing finances to distinguish business assets from personal assets. The result of this service activity is that business actors become more aware of financial management in increasing income and maintaining business continuity

Ontology Development for Asset Concealment Investigation: A Methodological Approach and Case Study in Asset Recovery

The concealment of assets is a critical challenge in financial fraud and asset recovery investigations, posing significant obstacles for creditors and regulatory authorities. National governments commonly possess the necessary data for detecting and combating this type of fraud, typically related to personal data and asset ownership. However, this information is often dispersed across different departments within the same government and sometimes in databases shared by other countries. This leads to difficulty semantically integrating this large amount of data in various formats and correlating entities through identifying hidden relationships, which are essential in this type of analysis. In this regard, this work proposes an ontology to support the data integration process in the domain of asset concealment and recovery and fill the gap in the existence of a public ontology for this domain. The applicability of this ontology in the context of integration between data from different departments and countries was validated. The use of the ontology in a pilot project in the context of a tool for investigating this type of fraud was conducted with a Brazilian government agency, and the users validated its applicability. Finally, a new method for constructing ontologies is proposed. The proposed process was evaluated during the asset concealment ontology building and proved to be more suitable than the similar processes analyzed concerning the partial reuse of existing ontologies and the construction of ontologies for data with a transnational scope.

The costs of open access publication

This article explores the financial dynamics of open access (OA) publication in Catalan universities by combining four data sources: publication data coupled with article processing charge (APC) estimates; information on journal subscriptions, transformative agreements and APC payments made by universities; acknowledgements of APC funding sources in OA scholarly outputs; and a survey of authors. The findings reveal a consistent increase in OA publication across Catalan universities, with 60% of the articles indexed in the Web of Science being published in either gold or hybrid OA in 2022. In parallel, investment in the research publishing system shows an upward trend. Resources allocated to journal subscription licenses have been redirected towards transformative agreements, leading to a rise in hybrid OA publications. Additional budget allocations have been made to accommodate APCs for gold OA journals. Authors employ varied funding sources for gold and hybrid OA, with university funding programmes and research grants commonly facilitating gold OA, while transformative agreements often support hybrid OA. Authors associated with Catalan universities frequently benefit from funding schemes and transformative agreements that are accessible to their coauthors. However, survey responses underscore the multifaceted nature of researchers’ financial support, including personal assets and waivers. Authors express frustration with the evolving OA landscape, particularly concerning the exorbitant publication fees. Nevertheless, the allure of high-impact journals and expedited peer review processes continues to incentivize authors towards gold OA. Researchers voice concerns regarding the lack of equitable funding programmes and potential conflicts of interest within gold OA models, which signals the risk of compromising peer review integrity to prioritize profits. This study underscores the need for further research to deepen our understanding of scholarly publishing expenditure and inform strategies for fostering a sustainable, equitable OA ecosystem.

Home environments in an age of precarity

Environment-behavior research prior to the 2000s often portrayed homes as relatively self-contained, insular settings that provided residents refuge from the demands and distractions of the outside world—a kind of safe haven for domestic activities and family life. Residential security was viewed largely in relation to personal assets and the nearby environment, including one's capacity to afford high quality housing, defensible space design of the dwelling, and the absence of nearby threats such as fire and flood hazards, seismic risks, and undesirable land uses like oil drilling sites, landfills, and congested roadways. These proximal sources of residential precarity still play a role in people's lives, but their impacts on people are amplified nowadays by a variety of increasingly pervasive threats situated at societal and global levels such as climate change and extreme weather events, disease pandemics, rampant cybercrime, and growing worries about the spread of nuclear weapons. Also, the modern home has become a polyfunctional hub for both household and non-domestic activities, owing to the infusion of work, educational, and recreational activities into residences via their online connections to the outside world. We offer a social ecological analysis of the changing meanings and functions of home environments in the early 21st Century, and a conception of domestic precarity that highlights its links to broader existential concerns driven by societal and global forces. Future policies and environmental interventions to effectively curb residential precarity will require collaboration among individuals from multiple fields and between diverse organizations and institutions working at municipal, state, national and international levels.

Tinjauan Yuridis Hak Royalti Sebagai Harta Bersama dalam Perkawinan

There are two concepts regarding marital assets according to the legal system in Indonesia, namely in the form of personal assets and joint assets. The correlation between marital property and IPR includes the legal and economic relationship between joint ownership of certain assets and the protection of creative or innovative rights. This research was conducted using normative research methods using statutory, conceptual and case approaches. The purpose of this research is to find out the position of royalties as marital property according to marriage law in Indonesia and to find out about the legal measures that can be taken by the parties regarding royalty rights as marital property in the event of a divorce. The research show that Copyright is a material right, so it can be concluded that Royalties fall into the category of intangible movable objects. Royalties which are intangible movable objects have value as joint assets. Then, dispute resolution regarding joint assets can be carried out through litigation and non-litigation processes. In practice, the division of joint assets can usually be resolved amicably, but if there is no agreement it will result in a legal process involving filing a lawsuit with the Religious Court. In terms of the division of marital property, it is regulated in the Civil Code, Marriage Law, and the Compilation of Islamic Law and the judge's considerations are based on the value of justice.

Personal Asset and Gratification Delay among Youths: Eudaemonic Well-being as a Potential Mediator

This study was intended to investigate the relationships between personal developmental assets, eudemonic well-being, and the ability to delay gratification among youths. Personal asset and gratification delay were treated as independent and dependent constructs respectively, whereas eudemonic well-being was used as a mediator. The participants of the study were 614 students selected from secondary schools. Specifically, this study examined the extent to which the stated model fits the data. In addition, the direct effect of personal assets on eudaemonic well-being and gratification delay; the contribution of eudaemonic well-being to gratification delay and the indirect effect of personal assets on gratification delay were investigated. Data were collected using selected items from gratification delay, Ryff psychological well-being, and developmental asset profile scales. Data were analysed with confirmatory factor analysis and structural equation modelling. The result revealed that the model fits the data well. The personal asset has a considerable direct effect on both eudemonic well-being and the ability to delay gratification. In addition, eudaemonic well-being has a significant effect on the ability to delay gratification. Furthermore, eudemonic well-being partially mediates the relationship between personal assets and the ability to delay gratification. Personal asset has a direct and indirect significant relationship with the ability to delay gratification. It is concluded that intervention in enhancing the personal assets and eudaemonic well-being of youths is a necessary condition to enhance the ability to delay gratification. The implications of the findings are discussed.

An embedded qualitative study of the experiences of people with dementia, their caregivers and volunteer older adults who participated in the CREST resilience-building psychosocial intervention

BackgroundA novel Complex REsilience-building psychoSocial intervenTion (CREST) targeted at people with dementia, their informal carers, general practitioners and the wider community with the aim of increasing resilience and strengthening the personal attributes or external assets of people with dementia living at home, in the community, was developed. It included three components: cognitive stimulation therapy (CST), physical exercise and dementia education. A non-randomised feasibility study was conducted of the CREST intervention, the aim of which was to inform the design of a future randomised controlled trial. This article presents the findings from the qualitative component of the CREST intervention feasibility study, describing the experience of the people with dementia and their caregivers who participated and the volunteer older adults who supported the intervention.MethodsA descriptive qualitative research approach using semi-structured interviews was undertaken. Key stakeholders (people with dementia (n = 9), their caregivers (n = 9) and the volunteer older adults from the physical exercise component (n = 9)) were interviewed about the intervention and the perceived impact of their participation.ResultsThe social aspect of the CREST intervention proved to be important for all three groups. Attendance remained high throughout the intervention. The people with dementia spoke positively about their participation in the CST and exercise components of the CREST intervention. The caregivers liked receiving coping strategies focused on how to communicate better with the person they cared for and how to better manage their own self-care and they liked the group element of the programme. The volunteer older adults supported the people with dementia in taking part in the exercise component, motivating them to do the exercises and helping with social interaction within the group. The volunteers gained exposure to the illness and as a result understood more about dementia and felt better equipped to communicate and deal with people with dementia.ConclusionParticipation in the CREST intervention produced a positive impact on all three groups. The social element of the intervention was noted by everybody and was regarded as being beneficial. Qualitative insights emphasised the value of embedding qualitative research within feasibility studies to inform future intervention design. Further research should focus on conducting a full-scale randomised controlled trial to evaluate CREST’s effectiveness and explore its application to individuals with more advanced dementia.Trial registrationISRCTN25294519.

PERAN PENDAMPINGAN UMKM TERHADAP PEMAHAMAN PENCATATAN KEUANGAN SEDERHANA PELAKU UMKM DI SWK TANAH MERAH

Writing scientific articles using qualitative methods because the use of this method can obtain descriptive results carried out during the mentoring period. In the process of writing the article, researchers conducted field observations to see the condition of MSMEs assisted by DINKOPUMDAG in the Tanah Merah Culinary Tourism Center. Researchers also conducted interviews to explore information about the role of mentoring for traders. The research subjects were MSME players in SWK Tanah Merah, the informants interviewed were 2 out of 8 traders because the two samples had represented the population. MSME assistance is very important for the understanding of simple financial recording of MSME actors because it plays a role in introducing, providing material, and implementing financial recording. Facilitators help MSMEs by providing relevant information, especially regarding simple financial records. The results of this study are that MSME actors can understand and implement simple financial records, know business profits or losses, and can classify personal assets with business assets so that they can carry out financial management properly.

Individual Wealth Inequality: Measurement and Evidence from Low‐ and Middle‐Income Countries

Wealth accumulation is critical for advancing women's and men's economic opportunities, and yet is understudied in developing countries. Leveraging new, nationally‐representative, cross‐country comparable surveys where men and women self‐reported on their personal asset ownership, we show that individual‐level wealth inequality is significantly higher vis‐à‐vis comparators based on per capita household consumption expenditure, and per capita household wealth. Intra‐household wealth inequality explains about 12–30 percent of overall wealth inequality, depending on the country context. The analysis further demonstrates how survey design choices, in particular respondent selection, matter for individual wealth inequality estimates.

Identifying a typology of helpful post‐divorce family assets: Implications for divorce education

AbstractDivorce education programs seek to provide parents with information about various aspects of the divorce process, its consequences, and strategies for successful adjustment. Within those broad content areas, however, there are myriad of potential promotive‐, protective‐, and risk‐factors that programs could address. Thus, divorce education programs could benefit from further guidance about the content areas divorcing parents may find the most helpful. In the present study we aimed to describe what divorced parents felt had helped their families throughout the divorce process. We did so to promote further alignment between divorce education program content and what parents have found helpful. Specifically, we identified a typology of helpful post‐divorce family assets. Our findings suggest that though a plurality of divorcing parents benefit from a wide range of legal/professional, former spouse, and personal assets, the majority rely predominately upon their own parenting skills and resources, or perceive few beneficial assets to draw on. We contend divorce educators should consider incorporating further information on developing personal parenting skills or resources, and skillfully navigating legal or therapeutic systems, to further complement existing curricula.

Do sex and handedness influence general cognition and financial capacity in patients with aMCI and healthy older adults? Emphasis on women's performance.

The effects of sex and handedness on financial capacity performance remain unexplored both in healthy older adults and in patients with amnestic mild cognitive impairment (aMCI). The aim of this study was to study the effect of the above factors (sex, handedness, and health condition), following a factorial experimental design; hence, eight groups (each with ten individuals) with similar demographic characteristics (age and education level) were formed consisting of right/left-handed, women/men and healthy/not healthy (with a diagnosis of aMCI) older adults. Mini-Mental State Examination (MMSE) was administered as a measure of general cognitive ability, and Legal Capacity for Property Law Transactions Assessment Scale (LCPLTAS) was used as an indicator of financial capacity; moreover, GDS-15 was used to assess depressive symptomatology. Self-reports of hand preference were also included. Although as expected healthy men and women regardless of their handedness outperformed aMCI patients on MMSE and LCPLTAS, performance on cash transactions, bank statement management, bill payment, financial decision making, and knowledge of personal assets from LCPLTAS is significantly higher for right-handed aMCI women compared with left-handed aMCI women. Future research should further elucidate the reasons for this left-handed female patient with aMCI profile in larger groups of patients. This is an exploratory study, and the small sample size limits the strength of conclusions; further studies on this topic are needed.

An Empirical Study of Quasi Equity of SMEs: Evidence from The Hotels Of Himachal Pradesh

The initial source that an budding entrepreneur explores for the financing its newly set-up business is loan/funds mobilized from his friends and relatives. Following personal resources are the possible sources for meeting the financial requirements of a small scale business-personal savings, provided fund, from friends and relatives, personal asset sales, credit cards, inheritance, stock option sales etc. Since, these funds can be attributed to the family they are almost treated equivalent to equity contribution. These funds are commonly termed as Quasi-Equity (QE) or Equity ‘de-facto’. This study is based on the hotels of Dharamshala Tehsil of District Kangra in HP and analyze the factors that prompt the small-scale hotels towards mobilization of such QE. These loans are unsecured in nature and remain dominated to the loans provided by banks and financial institutions. Keywords: Entrepreneur, Financial, Quasi-Equity, Unsecured, Stock

Parenting practices and trajectories of proactive coping assets among emerging adult Black men.

Positive youth development (PYD)frameworks suggest that a critical response to investigating the challenges young Black men living in resource poor communities experience involves identifying contextual resources in young men's lives and personal assets that promote success. The following study examines heterogeneity in proactive coping assets trajectories, parental practices as predictors of developmental trajectories, and associated outcomes of each trajectory. The study sample consisted of Black emerging adult men living in rural Georgia (N = 504). At baseline, men were between the ages of 19 and 22 (Mage = 20.29; SD = 1.10). At wave four, the participants' mean age was 27.67 (SD = 1.39). Results of growth mixture modeling from waves 1 to 3 discerned three developmental trajectory classes of emerging adults' proactive coping assets: a high and increasing class (n = 247, 49%), a low and stable class (n = 212, 42%), and a moderate and decreasing class (n = 45, 9%). Trajectory classes were linked to baseline levels of parental support, coaching, and expectations. Analysis revealed that parental support and parental coaching predicted proactive coping asset trajectory class identification. Links were then investigated between emerging adults' proactive coping asset trajectory classes and wave four physical health, depression, and alcohol use. Results revealed significant associations between class identification, alcohol use, and physical health. Study findings provide evidence supporting the impact of parenting on emerging adult Black men, underscoring the need to expand resources that support parenting and emerging adult relationships.

LEGAL ASPECTS OF INTELLECTUAL PROPERTY AND MANAGEMENT TOOLS

This study examines the legal aspects of intellectual property (IP) and management instruments. It is demonstrated that intellectual property represents the outcome of an individual's or collective's intellectual and creative activities, encompassing defined rights to innovative inventions, creative works, trademarks, designs, and other personal intellectual assets. The primary objects and subjects of intellectual property are identified. It is clarified that, considering the objects of ownership, the property rights of individuals or legal entities manifest in both ownership of tangible property and ownership of the results of creative activities. The legal regime governing the results of an individual's or collective's intellectual creativity aligns with the legal regime of property rights and comprises the following entitlements of the owner: the right of possession, the right of use, and the right of disposal. Conceptual principles within the system of intellectual property law are proposed. It is justified that the principles of intellectual property relate to the protection of the rights of subjects regarding the results of creative activities; therefore, they should demonstrate the rule of conduct within the framework of creation, possession, use, and disposal of intellectual property. It has been determined that the most critical economic process for intellectual property subjects is commercialization, as well as effective and efficient management of intellectual property objects. It is established that managing intellectual property involves a targeted process within a complex multi-component system with multifactorial relationships in the creation, possession, use, and distribution of intellectual property objects in the relevant environment. Intellectual property management should focus on effective planning, decision-making, and control regarding intellectual property objects in the appropriate economic environment. The stages of the intellectual property management process are proposed, along with the fundamental tools necessary for ensuring effective management within the economic system.

APPROVAL OF FORMATION OF PROFESSIONAL COMPETENCE OF FUTURE OPERATORS IN INFORMATION PROCESSING AND SOFTWARE

The article is devoted to the problem of researching the effectiveness of the process of forming the professional competence of future information processing and software operators in the process of professional training. It was found that the system of training future specialists in the process of professional training is aimed at ensuring their readiness for professional activity, taking into account all components of the educational process of the educational institution. It was clarified that the important factors of the problem of the formation of professional competence of future specialists in the process of professional training are inadequate readiness for professional activity and the appropriate level of their professional competence for such activity. It was revealed that the process of formation of professional competence of individuals for professional activity is influenced by the following factors: transformation of the content of training of future operators in information processing and software in professional (vocational and technical) education institutions; the prestige of the profession and its social significance; professional development and development of the personality of future specialists; acquisition of practical experience by students of education regarding the implementation of innovative technologies and project activities; purposeful mastery of professional skill and specialty; the formation of a culture of mastery and the readiness of qualified specialists for professional activity. It is specified that the formation of professional competence of future specialists in the process of professional training is oriented towards: purposeful formation of a complete system of professional competences in the process of professional training; development of motivational potential; enrichment of the development of individual and professional qualities, formation of self-assertion, improvement of personal and professional assets, acquisition of one's own style of work; accumulation of experience in professional skills for effective performance of professional activities, improvement of professional abilities and skills for further self-actualization, self-improvement of professional activities, development of quick adaptation to full-fledged future activities; improvement of assets of creative and scientific research, enabling professional self-development in professional activity. The study of the continuity of the development of future specialists to professional activity requires further development.

Developmental Trajectories of Mental Health in Chinese Early Adolescents: School Climate and Future Orientation as Predictors.

There is growing support for the dual-continua model of mental health, which emphasizes psychopathology and well-being as related but distinct dimensions. Yet, little is known about how these dimensions co-develop from childhood to early adolescence and what factors predict their different trajectories. The current study aimed to identify distinct patterns of mental health in Chinese early adolescents, focusing on both psychopathological symptoms (i.e., depressive symptoms and self-harm behaviors) and subjective well-being (i.e., life satisfaction and affect balance). This study also examined the contributions of school climate and future orientation to these trajectories. A total of 1,057 students (Mage = 11.88, SDage = 1.67; 62.1% boys) completed four assessments over two years, with six-month intervals. Using parallel-process latent class growth modeling, we identified four groups: Flourishing (32.5%), Languishing (43.8%), Troubled with Stable Depressive Symptoms (16.1%), and Troubled with Increasing Self-Harm Risk (7.6%). Furthermore, school climate and future orientation contributed to adolescents' membership in these trajectories, either independently or jointly. Specifically, higher levels of future orientation combined with higher school climate were associated with a lower likelihood of belonging to the Troubled with Increasing Self-Harm Risk trajectory, compared to the Flourishing group. Our findings identified four distinct mental health trajectories consistent with the dual-continua model, and demonstrated that the development of psychopathology and well-being were not always inversely related (e.g., the Languishing group). Adolescents with unique developmental profiles may benefit from tailored intervention strategies that build on the personal and environmental assets of the adolescent.

The relationship between psychological capital, burnout and perceived stress in junior nurses: a latent profile analysis.

Psychological capital, an intrinsic personal asset, enhances junior nurses' ability to navigate transition and sustain superior job performance. This study aimed to classify junior nurses into distinct psychological capital profiles and examine their associations with burnout and perceived stress levels. A cross-sectional study involving 480 junior nurses from three hospitals in Beijing assessed psychological capital, stress, and burnout using e-questionnaires, from July 2021 to August 2022. We employed exploratory latent profile analysis for psychological capital profiling and logistic regression with the best subset method to identify the influential factors. The results of the latent profile analysis supported the models of two latent profiles, which were defined as low psychological capital (224, 46.5%) and high psychological capital (256, 53.5%). Logistic regression revealed that introverted nurses and those experiencing moderate to high levels of burnout and stress were more likely to exhibit low psychological capital. Nursing management should proactively identify and support junior nurses with low psychological capital, with a focus on introverted individuals, to mitigate the impact of stress and burnout.

The Core Elements of the Trusts: From the Start of Three International Documents

The extensive application of trusts and trust laws has demonstrated that trusts, as an institutional tool with functional advantages in the realm of private wealth inheritance, on the one hand, offer an innovative framework for the transfer and management of personal assets. This serves as a valuable reference for non-trust law jurisdictions, displaying the distinctive structure of rights and obligations. On the other hand, for trust law countries, trusts born in different jurisdictions call for the adjustment and regulation of unified rules. Researching the core elements of the trusts can contribute to achieving these two goals. By carefully examining three international documents, this essay argues that each core element of trust intertwines to form a causal web: trust operates as a tool that protects beneficiary' interests and supports the fiduciary position of trustees (characterized by the separation of trust property). The location of ownership of trust property, however, remains an optional element determined according to local circumstances.