Personal Guarantees Research Articles

Legal support of social guarantees for persons employed in the gig economy: Russian and foreign experience

The subject. Legal support of social guarantees for persons employed in the gig economy: russian and foreign experienceThe purpose of the article is to reveal the features of providing social guarantees to gig workers, as well as protecting their rights through the institution of trade unions, to give the concept of “guarantees of gig workers”, “social guarantees of gig workers” The methodology includes systematic approach, comparative method, formal-logical method, formal-legal method, analysis, synthesis.The main results of the research. The situation of gig workers appears to be less protected in terms of their rights and the guarantees provided to them. In this regard, there is a need to determine what social guarantees should be provided to which categories of gig workers, as well as possible measures of social protection for such persons. There is a need to once again ensure the rights of workers employed in self-employment or platform employment. A definition of guarantees for gig workers is proposed: guarantees are the means, methods and conditions by which the implementation of the rights granted to gig workers in the field of employment and their social security is ensured. Social guarantees for gig workers can be defined as a set of social and legal obligations of the state to workers employed in the gig economy (self-employment, platform employment), aimed at creating the necessary conditions for them to perform their work and meet their social needs and professional interests.In cases where a gig worker is, in some respects, close in his legal status to an employee under an employment contract (full-time work, etc.), his pension and social insurance should give him the maximum opportunity for social guarantees in case of temporary disability and in connection with retirement.

Years of service as a condition for pension security of military officers and persons equivalent to them

The article presents a study of the legislative and law enforcement practice of calculating years of service as a condition for pension provision for persons discharged from military service and persons equated to them. Based on the legal positions of the Constitutional Court of Ukraine, the author emphasizes that a pension for years of service is an integral part of the special professional status of persons discharged from military service and persons equated to them. The author supports the arguments of scholars about the need to preserve the institution of years of service. The author characterizes the differences in the application of the provisions of the Law of Ukraine “On Pension Provision for Persons Discharged from Military Service and Certain Other Persons” and the resolutions of the Cabinet of Ministers of Ukraine establishing the general and preferential rules for calculating years of service. It is given the analyzed decisions of the Supreme Court on disputed issues. It is emphasized that the preferential enrollment of years of service is not an independent type of it and does not compete with its calendar calculation. The author argues that the calculation of years of service on preferential terms should be preserved with due regard for the specifics of such enrollment since it is one of the mechanisms of the state’s provision of social guarantees for persons who daily risk their lives/health and perform duties to protect the existence of the state itself. Based on the analysis of the legislative provisions, the author confirms that the years of service required for the entitlement to a pension for years of service depend on the period in which a person has discharged from military service. It is presented the arguments regarding the need to return the previous version of para. 1.3 of the Resolution of the Cabinet of Ministers of Ukraine of July 17, 1992 № 393, which fixed the conditions for the enrollment of certain periods of service to years of service on preferential terms precisely during the appointment of pensions, and not when determining their amount. The author proposes to supplement Article 12 of the Law of Ukraine “On Pension Provision for Persons Discharged from Military Service and Certain Other Persons” with a provision stating that years of service as a condition for granting a pension under this Article should be calculated on preferential terms for persons who have performed the relevant service.

Investigating the role of banks in promoting women‐owned micro and small businesses: Empirical evidence from an emerging economy

AbstractWomen entrepreneurs of Bangladesh face strict terms and conditions, high interest rate, and collateral requirements while requesting access to bank finance. This paper investigates the role of banks in promoting micro and small businesses owned by women in Bangladesh in terms of access to bank finance and collateral requirement. Bangladeshi women entrepreneurs were chosen as there are surge in women entrepreneurs in the nation. The study used a close‐ended questionnaire to collect data based on stratified sampling and data health was ensured using the Harman's single factor indicating no presence of common method bias. The sample consists of 60 respondents of pilot study and 150 respondents surveyed by trained enumerators resulting a final sample size of 210. The data were collected based on primary sources from the entire Bangladesh represented by the eight divisions of the country namely Dhaka, Barishal, Chittagong, Khulna, Mymensingh, Rajshahi, Rangpur, and Sylhet. The data were analyzed based on the binary logistic regression model using the IBM SPSS Statistics. Empirical results indicate that women entrepreneurs can be granted bank finance only by the private commercial banks without pledging collateralized assets according to the rules of the central bank of Bangladesh provided they offer personal guarantee, social security and group guarantee and if they default on the loans, security will be used for loan repayment, and they will be deprived of further loan facilities. The findings of the study will help add value to the current literatures and the outcomes will be helpful to the concerned parties.

Civil Liability Arising From Breach of Letters of Intent

Letters of intent represent the personal guarantees that result in the commitment of the pre-contractual stage, which is one of the important stages in the life of the contract and is no less important than the stage of concluding the contract, as well as the stage of implementation of the contract, the basis of which is the pre-contractual stage, which depends mainly on the intention of the contracting parties, therefore Intention should not be confused with will; Their promise is of an objective nature, but the reality proves that the intention has a purely subjective nature, so it is of a personal nature that does not need to be shown. It is a desire to obtain a specific thing, which is supposed to belong to a person. Therefore, letters of intent are considered means intended to reach an end. Specific, which is the legal process that the contracting parties intend to access.

The Risks of Bail in Brazil: The Figure of the Guarantor from the Perspective of the Brazilian Supreme Court in Cases Involving Family Property

The purpose of this article is to examine the legal and jurisprudential treatment of guarantors of rental contracts of a residential and commercial nature. The examination of the legal effects arising from the decision to act as guarantor is also sought. To this end, it is mentioned that there is, within the framework of normative infrakonstitutional, express command of safeguarding the family good, institute whose bias is the preservation of the fundamental right to housing, human and social right, positivized in article 6 of the Constitution of the Federal Republic of Brazil. This legal backing derives from the intrinsic relationship between adequate housing and the right to life and the dignity of the human person. On the other hand, it has to be said that the legislation itself which makes the debtor's property unbinding, excludes the guarantor. And, since the bail is a personal guarantee, as a rule, provided free of charge, there is a profound divergence of understanding among the members of the highest court in Brazil about the constitutionality of the seizure of family property of the tenant of the lease contract.

Improve the satisfaction of medical staff on the use of home nursing mobile APP by using a hybrid multi-standard decision model

ObjectiveTo identify critical satisfaction gaps in a home nursing mobile application (APP) using a systematic decision-making model.MethodsInitially, the decision-making trial and evaluation laboratory method was used to analyze the relationship structure and corresponding weights among the indicators. The Importance-Performance Analysis (IPA) method was used to identify the categories of all indicators and their corresponding strategic directions. Twenty-six home nursing specialists currently providing home nursing services were recruited for this study.ResultsThe IPA results revealed that “Assurance,” “Reliability,” and “Personal security protection” are critical satisfaction gaps. From the influence network and weight results, “information quality” and “system quality” were the critical quality factors in the home nursing mobile APP. The influence of the network relationship structure and weight demonstrated a 98.12% significance level, indicating good stability.ConclusionContinuous improvement in information and system quality is recommended to optimize the overall quality of the home nursing mobile APP. Additionally, user demands should be considered, and personal safety guarantee functions should be developed and integrated into the system to ensure the safety of home nursing workers.

Legal Protection in the Implementation of Personal Guarantees in Indonesia

The research aims to discuss the problem of how legal policies relate to the implementation of personal guarantees in providing bank credit in Indonesia? And what is the legal protection for customers and banks in cases of using personal guarantees in providing bank credit? The research method used is normative juridical. The research results concluded that Legal policies related to the implementation of personal guarantees in Indonesia are based on applicable laws and regulations as regulated in Article 1820, Article 1831 and 1837 of the Civil Code of the Civil Code, specifically based on the internal regulations of each bank, as recipients of personal guarantees. Legal protection in implementing personal guarantees in Indonesia is very important to prevent abuse and ensure justice for both parties. However, to ensure optimal protection, it is important for both parties to fully understand their rights and obligations and to consult with legal experts if necessary before entering into or signing a personal guarantee agreement.

Personal warranties given by the consumer

The personal guarantees granted by the consumer, being consumption reports, contain provisions for the protection of the legal situation of the consumer, establishing rules of exception from the legal regime of common law in the matter of personal guarantees. Thus, in considering the guarantor's consumer quality, the legislator establishes a series of obligations for the professional creditor, intended to strengthen the consent of the guarantor consumer to assume the guarantee. Among these obligations we identify the obligation of the professional creditor to ensure that the consumer guarantor assumes the guarantee in full knowledge of the case; if it is proved that the professional knew that the guarantor had a relationship of trust between the debtor and the guarantor and did not request from the guarantor proof of receiving an independent consultation regarding the risks involved in assuming the guarantee, the respective contract may be revoked or canceled as the case may be. During the course of the contract, the professional creditor is obliged to inform the consumer guarantor annually about the amounts guaranteed from the main obligation, the interest or other ancillary obligations - art. 1665, para. 1, C. civil. In case of non-execution of the obligation by the debtor, the consumer guarantor will be obliged to pay the obligation in the amount existing at the time of assuming the guarantee.

The effect of physical collateral and personal guarantees on business startups

Using microdata for Japan for 2007 and 2012, we examine whether and how financial constraints discourage individuals from starting a business. As proxies for financial constraints, we use prefectural variations in the share of firms relying on physical collateral and personal guarantees. We find that individuals are less likely to become nascent entrepreneurs if they live in a prefecture with a higher share of firms relying on personal guarantees. The negative effect of personal guarantees on becoming a nascent entrepreneur is insignificant when using a subsample for 2012, suggesting that administrative and legislative changes since the 2000s have made personal guarantees less costly for potential entrepreneurs over time. In contrast, we do not find a negative link between physical collateral and business startups. Our findings suggest that the low level of entrepreneurship in Japan is not due to financial constraints. If anything, it is due to a lack of risk-taking by potential entrepreneurs rather than a lack of collateralizable assets.

KAPASITAS PENJAMIN PERORANGAN DALAM SENGKETA KEPAILITAN

The guarantor agreement/individual guarantor or personal guarantor often requires the guarantor to relinquish his rights as a personal guarantor so that the consequences of the personal guarantee result in bankruptcy. Various decisions on bankruptcy petitions state that the personal guarantor can be made bankrupt, so that the guarantor as referred to in article 1 paragraph 1 of the Bankruptcy Law must release all his assets into general confiscation to pay off creditor payments. The main problem that will be studied is the position of the guarantor, in this case the personal guarantee, which is used as a bankruptcy debtor. The purpose of writing this journal is to analyze the capacity of personal guarantees made by bankrupt debtors the same as the main debtor because at the time of making the guarantee deed the guarantor was willing to voluntarily relinquish all his privileges without waiting for the main debtor to default and his assets to be sold. This journal is normative juridical research, with a statutory approach and a case approach. In this journal, it was found that making a guarantee deed means that the position of a guarantor who can be made bankrupt is a weak position in an agreement, so the role of the notary must be to be able to provide legal counseling before the personal guarantor signs the guarantee deed. The result of this study is that Personal Guarantee as a guarantor of bankruptcy has an equivalent status with the main debtor because in making the deed of guarantee, the guarantor has agreed to release his privileges without waiting for the default of the main debtor. If the main debtor's debt is not met, the creditor can file bankruptcy against the guarantor (Personal Guarantee or Corporate Guarantee) in accordance with the bankruptcy law. In the agreement, it is important for all parties (creditor, notary and debtor) to understand the risks that may arise when the guarantor signs the deed of guarantee

Tanggung Jawab Penjamin dalam Penanguhan atau Pengalihan Penahanan Tersangka atau Terdakwa

The provisions of Article 1 point 21 of the Criminal Procedure Code state that detention is the placement of a suspect/defendant in a certain place by an investigator, public prosecutor or judge with his or her determination and in a regulated manner. in this law. Detention is the placement of a suspect/defendant in a certain place by an investigator, public prosecutor, or judge with his or her determination, with the conditions and methods regulated in this law. Therefore, detention is a form of deprivation of a person's freedom of movement and is a threat aimed at giving a feeling of regret to someone who has committed an offense. Detained suspects/defendants have several rights, one of which is the right to submit a request for suspension or the right to transfer detention. According to the provisions of Article 31 of the Criminal Procedure Code, a suspension of detention can be granted by investigators, public prosecutors or judges in accordance with their respective authorities with or without cash collateral or personal guarantees, based on predetermined conditions. The purpose of this research is to determine the responsibility of the guarantor if a suspect or accused who is detained or transferred to detention escapes. The research method uses normative juridical with a statutory and conceptual approach. The result of this research is that a suspension of detention can be granted by the police investigator as the detention institution, if the suspect/accused or guarantor has fulfilled the conditions that have been set. However, during the suspension of detention, the suspect/defendant escapes and is not found within a period of 3 (three) months, then (the guarantor) is responsible for bearing all risks and consequences that arise, namely by depositing the security deposit. in the amount specified in the agreement at the beginning. granting suspension of detention

Personal Guarantees on Bank Loans and SMEs' Risk-Taking

Personal Guarantees on Bank Loans and SMEs' Risk-Taking

Развитие национальной самоидентификации инструментарием мегапроектного финансирования экономики

Introduction. The article analyzes the interpretations of the concept “megaproject” and proposes the author’s definition of the concept presupposing explicit and implicit beneficiaries and ensuring high-tech products with a high potential for market sales. Purpose. Based on the results of the regression analysis, the paper draws conclusions and describes the behavior strategies of the explicit and implicit beneficiaries in the megaproject when its results are being registered and after it. Materials and Methods. Theoretically and methodologically, the paper refers to the works of scientists examining megaprojects. The regression analysis for thirty constituent entities of the Russian Federation made it possible to determine that the indicators of their budget revenues illustrate that cash flows determined by the investment return from the investments in fixed capital go through the budget system with a minimal tax burden. Results. It has been found that in the analyzed period, the return on investment in fixed assets was determined by the investors’ speculative motives when using financial market instruments under personal guarantees of the heads of the constituent entities of the Russian Federation. At the same time, the applied financial market instruments gave the minimum inflow of taxes into the budget system of the Russian Federation. Conclusions. In its model, Russia is closer to the continental civilizational type; the balance in the socio-economic relations determined by megaprojects with their maximum contribution to GDP could be achieved when national self-identification is distinctly shaped; national self-identification could only be developed with due regard to the quantitative and structural composition of population.

Innovative Property for Innovative Land Policy: Four Normative Principles

Innovative land policy does not yield to the pressure of short-term capital exploitation. Rather, innovative land policy establishes a fair balance between the interests of landowners and the public interest. As a keystone of land policy, property – particularly if open to innovation – plays a vital role in achieving this balance. This commentary explains four normative principles that help design innovative property. Since the four principles derive from long-standing ideas about property in land, the commentary uses a distinctly conservative approach. This approach, however, is quite innovative in the face of the reductionist view of property as a right that only serves the purposes of its owners. According to the first principle, innovative land policy must pay attention to the nexus between private and common property. Under the second principle, property in land must account for the government’s positive duty to provide for adequate land uses for all. The third principle distinguishes between property rights of natural and legal persons: personal property guarantees individual liberty, but corporate property is a social function, not a right at all. The fourth principle reminds of the inseparable bond between property in land and land ethics.

Structure of Guarantees in Business Transactions in Indonesia in Indonesian Law

Using a quantitative analytic methodology, this study examines how assurances are arranged in economic transactions inside Indonesian legal frameworks. Based on a review of a variety of datasets, the study reveals that personal guarantees are the most common kind, followed by bank and corporate guarantees. Different industries' patterns of guarantee utilization show different frequency of use, with the real estate and finance sectors showing a greater reliance. While 75% of compliance is considered satisfactory, there are cases of non-compliance due to ambiguity in legal terms. These results highlight the need for sector-specific laws, improved legal clarity, and ongoing stakeholder education. This study offers policymakers and stakeholders useful information to improve the guarantee structure and provide a flexible and robust legal framework for business dealings in Indonesia.

KEPASTIAN HUKUM EKSEKUSI JAMINAN PERORANGAN (PERSONAL GUARANTEE) ATAS PENYELESAIAN KREDIT MACET BANK MELALUI PERANGKAT KEPAILITAN

Aspects of legal certainty in the context of the execution of personal guarantee against the settlement of bad loans through the institution of bankruptcy. The main focus of the study was to analyze the legal framework that governs the process of execution of guarantees of individuals when banks face bad debts and decide to use the bankruptcy mechanism. Through a legal approach and comparative analysis, this study highlights the obstacles that may arise in ensuring legal certainty in this process, as well as the implications for the parties involved, this study raises the issue of how the limitation of the individual guarantor (Personal Guarantee) to be responsible for the settlement of bad debts secured debtors and how the legal certainty of the execution of the guarantee of individuals (Personal Guarantee) on the settlement of bad debts through the bank insolvency institution?using Gustav Radburch's theory of legal certainty and Hans Kelsen's theory of legal responsibility. The research methodology employed in this study is normative juridical research, which combines interviews with library law research utilizing primary, secondary, and tertiary legal sources. The research approach encompasses the Statute Approach, Conceptual Approach, Analytical Approach, and Case Approach. The technique used to gather legal materials involves identifying and cataloging positive legal rules, literature books, journals, and other relevant legal sources. The analysis of legal materials involves legal interpretation, systematic interpretation, and legal construction methods. Hasil Penelitian ini adalah Personal Guarantee bertanggung jawab atas pembayaran hutang kepada Kreditur jika Debitur wanprestasi, dan pertanggungjawaban tersebut terpenuhi selama Personal Guarantee mampu. Jika tidak mampu lagi, seperti saat harta sudah habis atau pailit, langkah selanjutnya adalah menunjuk penanggung baru atau mengganti dengan jaminan kebendaan. The result of this study is that the Personal Guarantee is responsible for the payment of debts to creditors if the debtor defaults, and the responsibility is fulfilled as long as the Personal Guarantee is capable. In case of incapacity, such as when the property is exhausted or insolvent, the next step is to appoint a new insurer or replace it with a material guarantee and the Personal Guarantee liability can be distinguished: which does not renounce its privileges, allows demands or execution after the debtor's property has been confiscated or sold for payment of the debtor's debt; while waiving its privileges, it allows creditors to demand accountability or direct execution of the Personal Guarantee and the position of the Personal Guarantee can change like a debtor when the debtor it guarantees defaults, allowing the Personal Guarantee to be terminated by bankruptcy under certain conditions. Through this bankruptcy institution, creditors can demand Personal Guarantee liability in the settlement of bad debts of secured debtors. This provides legal certainty for creditors

Responsibility of the heirs of personal guarantee holders in bankruptcy from Islamic inheritance law and state law: A case of Indonesia

The responsibility of heirs of personal guarantee holders in companies facing bankruptcy is a complex and significant issue in the legal world. In the business sphere, especially in the current era of globalization and intense competition, business transactions and agreements often involve different guarantees provided by the parties involved. Personal guarantees, which require an individual to secure a company's obligations or debts, are one form of security that is commonly used. When a company given a personal guarantee faces financial difficulties or goes bankrupt, the issue of how the heirs should handle the assets left by the heir with a personal guarantee becomes very relevant. Additionally, the responsibility of heirs in this context, as viewed by Islamic law, and how it relates to applicable civil law principles, is an important aspect that needs careful examination. This article aims to comprehensively explain the concept of heir responsibility from the heirs of personal guarantee holders in two legal frameworks, namely Islamic law and civil law. We will explore the legal aspects governing the responsibilities of heirs in both legal systems, highlight the differences and similarities between the two, and provide a clear understanding of the topic.

Modifikasi Business Model Canvas pada PT. Sarana Gadai Prioritas dalam Mempertahankan Kelangsungan Bisnis dan Antisipasi Pesaing Baru Bisnis Gadai High-End

The research was conducted to determine the use of the business model canvas (modified) at PT. Sarana Gadai Prioritas to maintain the continuity of the high-end pawn business and to anticipate new competitors in the high-end pawn business. Where basically a high-end pawn business is a pawn business with a market segment and customers in the high-end category, which has its own community and has good prospects for development in the pawn business which is a very simple, easy and fast process with strong personal guarantees. have a relatively high value or goods in the category of luxury. This research was conducted using a qualitative deductive method, a case study (single), with the final result showing modifications and adjustments to the components in the business model canvas used by PT. Sarana Gadai Prioritas to run a pawn business with maintained business continuity and the emergence of risk management capabilities that support the performance of PT. Sarana Gadai Prioritas In this study, researchers used a qualitative approach with a case study approach (single) at PT. Sarana Gadai Prioritas, and seek meaning from the data obtained from the results of a detailed and in-depth study (case study). The results of this study are expected to provide a theoretical model concept of a strategy that can be applied in running a business model, especially for a pawn business like that run by PT. Sarana Gadai Prioritas with market segments and high-end customers and as a strategic and anticipatory step in anticipating the emergence of new competitors in the same market segment and customers

Legal regulation of occupational safety and health

The aim of the article was to discuss the issues of legal regulation of health and safety in Ukraine. The aim of the research was achieved with the help of general and special methods of scientific knowledge. It was concluded that in the conditions of martial law, the legislative approach to the adoption of new laws, amendments and additions to existing laws should be carried out in accordance with international legal standards, concerning the provision of adequate guarantees for persons exercising the right to work. The analysis of the content of normative legal acts and draft laws led to the development of relevant proposals in connection with the fact that the concept of the profile of the law should reflect a holistic approach to occupational safety and health, with emphasis on measures to prevent occupational accidents; improvement of working conditions (increasing the employer’s liability for violations of legislation in the specified area, imposing on employees the duty to take care of their own safety and the health of others, etc.).

Provision of Corporate Guarantee Between a Bank and Commanditaire Vennootschap as Debt Insurer

This study was to find out the provision of corporate guarantee between the bank and limited partnership as the guarantor based on the corporate guarantee deed. This study used a normative juridical method emphasizing the science of the law by examining the prevailing legal norms in society. Using this method, it was concluded that the legal consequence of the corporate guarantee deed between the bank and limited partnership as a corporate guarantor is an agreement that binds the partners of limited partnership. In addition, legal protection for the bank is by changing the position of limited partnership's partners as a personal guarantee.