Foreign direct investment and private capital flows are highly concentrated geographically, with almost half of them reaching the top five destinations. These flows tend to evade many high-risk ...countries, with the exception of those directed to extractive industries. Regulatory and contractual risks, particularly in infrastructure, have inhibited investments in many parts of the developing world. A core objective of the World Bank Group (WBG) has been to support the flow of private investment for development; guarantees and insurance have been among the instruments that the Group has used to pursue this objective.This evaluation assesses the effectiveness in the use of guarantee and insurance products by the WBG. It finds that these instruments have effectively advanced WBG strategic objectives, in particular facilitating the flow of private investment to high-risk sectors and countries. The diverse range of these instruments has helped to meet the demand for risk mitigation under a variety of circumstances. The Multilateral Investment Guarantee Agency, (MIGA), a relatively small institution of 100 staff, has issued 17 billion in guarantees and meets a gap in the provision of political risk insurance that private providers are unable to meet. The World Banks partial risk guarantee has supported large and complex public-private partnership infrastructure projects in high-risk countries. Its partial credit guarantees have introduced countries to commercial markets or reintroduced them following a crisis. The International Finance Corporations (IFC) guarantee instruments have led its entry in the market for local currency finance and have helped improve access to finance for underserved market segments.
Il garantismo processuale Domenico Truppa
DNA Di Nulla Academia,
05/2023, Volume:
3, Issue:
2
Journal Article
Peer reviewed
Open access
Avvertenza La giustizia ha un volto? E quale storia personale esiste dietro chi commette un reato? E, ancora, come la giustizia interviene sulla biografia di un imputato? Come, in caso di perdita ...della libertà personale, la giustizia modifica la fisionomia del condannato? Nella sezione Fisiognomica e biografia sono state accolte le relazioni dei giuristi che nel 2022 hanno partecipato al convegno di Ventotene: non saggi referati, ma contributi importanti per la diffusione della cultura giuridica che introducono riflessioni necessarie sull’applicazione delle misure cautelari (Antinori), sulle funzioni della pena (Santinelli), sulle istanze difensive (Sgroi), sul garantismo processuale (Truppa). Con questa sezione, arricchita da una riflessione su Dante e la responsabilità etica della letteratura di fronte al male (Anselmi), ci auguriamo di contribuire alla comunicazione pubblica della giustizia e, per dirla con Camporesi, del governo del corpo, perché ogni scelta individuale, dal reato al giudizio alla punizione, interessa individui in carne e ossa, siano essi colpevoli o innocenti.
Objective: The purpose of this research is to learn the differences between the “Surety Agreement” and the “Guarantee Agreement”, which are often confused in collateral law. Method: The research ...method used in this study was based on finding the general result to be obtained after comparing the opinions of academics with court decisions based on domestic legal rules in Turkey. Results and Discussion: In contracts established in commercial and social life, there are remedies such as "Surety Agreement" or "Guarantee Agreement" to eliminate or significantly reduce the risk of the debtor's inability to pay the debt. It has been concluded that the Guarantee Agreement provides a stronger guarantee than the Surety Agreement, is established by a different contract from the articles of association, the creditor has the right to apply directly to the guarantor in the articles of association, and in case of hesitation, he has the right to apply to the guarantor. there is a practice and consensus on this issue before the Turkish courts and academics. Research Implications: The information and documents that can be used in this research have been obtained completely from open sources. all of the quoted information is written in the footnotes and bibliography section. Originality/Value: The novelty of this research is that it explains the reasons for using the “Bank Guarantee Letter”, the most well-known example of which is due to the fact that the Guarantee Agreement provides more effective protection to the creditor party in the field of collateral law.
•This study investigates two supply chain finance models with partial credit guarantee.•Third-party guarantee may not always be applicable when guarantee rate is low or market risk is high.•Retailer ...always prefers supplier guarantee model.•Supplier wants to provide guarantee when retailer is relatively poor or rich.
This study investigates two supply chain finance models with partial credit guarantee (PCG) provided by a third-party or a supplier when a retailer borrows from a bank. The study evaluates the optimal order quantities of retailers and the fairly priced interest rates of banks in the two guarantee models. Findings corroborate that the financial model with third-party guarantee may not always be applicable because the profit of the third-party guarantor company may be negative when the guarantee rate is low or the market risk is relatively high. For an effective guarantee from the third-party, the retailer’s optimal decision may be limited by the nonnegative condition on the profit of the third-party guarantor. Results of a comparative analysis on the two PCG models affirm that the retailer always prefers the supplier guarantee model. If the guarantee rate in the third-party guarantee model is low, then the supplier can always benefit from the supplier guarantee model, otherwise, the supplier will provide the guarantee for relatively poor or rich retailers. Surprisingly, even if the retailer is poor and the market risk is high, the supplier has an incentive to provide a guarantee. Numerical analysis finds that the preference on the guarantee model of the retailer or the supplier is quite dependent with the market risk and guarantee rate.
Guarantees play an important role in large commercial contracts internationally. Guarantees can be either independent (demand) guarantees or accessory guarantees. The legal consequences of the two ...differ significantly and, therefore, it is important to differentiate clearly between the two. In the case of independent (demand) guarantees – the focus of this contribution – the guarantor’s liability is independent of the underlying performance it is guaranteeing, and is accordingly to be determined, in principle, with reference only to the terms of the guarantee. However, this is not an absolute principle. Jurisdictions throughout the world recognize exceptions to this principle, the most important and prevalent being fraud on the part of the beneficiary. A Judicial Interpretation by the Supreme People’s Court of the People’s Republic of China relating to independent guarantees came into operation in December 2016. Its rules depart in some important respects from the law of guarantees in South Africa, both in relation to the determination of the nature of the guarantee (as independent or accessory) and in relation to the exceptions to the principle of independence. This article explores these issues against the background of the law of contract of both countries.
As jobs disappear and wages flatline, paid work is an increasingly fragile basis for dignified life. This predicament, deepened by the COVID-19 pandemic, is sparking urgent debates about alternatives ...such as a universal basic income (UBI). In this incisive new book, Hein Marais casts the debate about a UBI in the wider context of the dispossessing pressures of capitalism and the turmoil of global warming, pandemics and social upheaval. Marais surveys the meaning, history and appeal of a UBI before even-handedly weighing the case for and against it. The book explores the vexing questions a UBI raises about the relationship of paid work to social rights, about prevailing notions of entitlement and dependency, and about the role of the state in contemporary capitalism. Along with cost estimates for different versions of a basic income in South Africa, it discusses financing options and lays out the social, economic and political implications. Highly topical and distinctive in its approach, In the Balance: The Case for a Universal Basic Income in South Africa and Beyond is the most rounded and up-to-date examination yet of the need and prospects for a UBI in a global South setting such as South Africa.
The background that underlies the conduct of this legal research is the existence of a conflict of norms, namely in the Fiduciary Guarantee Act, direct execution can be carried out if the debtor has ...committed an injury (also called default), but in the Constitutional Court ruling Number: 18 / PUU-XVII / 2019 This is done immediately after the debtor is injured but requires a statement of voluntary interest from the debtor or through a judicial decision. The problem in this research is related to the essence of the execution of fiduciary guarantees, the development of the fiduciary guarantee execution arrangements before and after the Constitutional Court decision Number: 18 / PUU-XVII / 2019 the implications of the Constitutional Court decision Number: 18 / PUU-XVII / 2019 on the principles of simple, fast, and low cost. The type of research used in this research is juridical normative, using a statutory approach and a case approach, as well as primary and secondary legal materials which are analyzed by grammatical and systematic interpretation. The results of this study indicate that the essence of the execution of fiduciary guarantees is to sell fiduciary collateral as repayment of debtor's unfulfilled obligations. The creditor has the right to collect the debtor's achievements including to collect all instalments and other fees that have not been paid by the debtor, and has the right to execute the object that is used as collateral without having to return the excess price from the sale of the object. The execution of the fiduciary guarantee prior to the enactment of the Constitutional Court Decision Number 18 / PUU-XVII / 2019 is based on the Fiduciary Guarantee Certificate which contains the words "FOR JUSTICE BASED ON ONE ALMIGHTY GOD". These words indicate that the fiduciary guarantee certificate has executorial power, that is, it has the same power as a court decision which has permanent legal force. The legal implication of the enactment of the Constitutional Court Decision Number 18 / PUU-XVII / 2019 is that a trial must first be held regarding the execution of fiduciary guarantees as a condition for the execution of fiduciary.
Government Regulation Number 24 of 2022 on the Creative Economy outlines the implementation of the Intellectual Property-Based Financing Scheme, wherein both banks and non-banking financial ...institutions leverage Intellectual Property as collateral. This includes fiduciary guarantees over Intellectual Property, contracts within Creative Economy activities, and/or claims within Creative Economy activities. Notably, Patents, a subset of Intellectual Property, can serve as collateral per Article 108 paragraph (1) of Law Number 13 of 2016 concerning Patents, allowing "patent rights to be used as objects of fiduciary guarantee." The provision of funding through financial institutions, be they banks or non-banking entities, closely aligns with the collateralization aspect, involving the duties and responsibilities of Notaries. This raises inquiries into the Role of Notaries in Intellectual Property-Based Financing and the Collateralization of Patents as governed by Government Regulation Number 24 of 2022 on the Creative Economy. Employing a juridical-normative approach and incorporating interviews with relevant stakeholders involved in fiduciary guarantee deed preparation, this research aims to discern the roles and responsibilities of Notaries in drafting fiduciary guarantee deeds incorporating patents as collateral objects. Furthermore, the study seeks to establish the Mechanism for Determining the Economic Value of a Patent as agreed upon in the Fiduciary Guarantee Deed.
The aim of this study is to assess the viability of SMEs that had benefited from bank loans backed by credit guarantee schemes. A quantitative approach has been adopted by the study. The sample ...comprised 398 Moroccan SMEs that had benefited from this type of financing, and the primary objective was to examine their survival over the ten years following the obtaining of these guarantees. Logistic regression was used to reflect several results. The results of the study highlight several factors influencing the probability of survival of these SMEs. Larger amounts of credit promote financial resilience and growth, thereby increasing the likelihood of business survival. Business profitability is a key factor in the likelihood of survival. Profitable businesses attract more investors and lenders, improving access to credit and increasing survival prospects. Contrary to some studies, high levels of debt do not appear to reduce the probability of survival. Similarly, repayment capacity showed no significant link with survival, suggesting the importance of other non-financial factors. Mature and well-considered management decision making is associated with a higher probability of survival. Well-thought-out decisions promote the long-term viability of businesses. Small SMEs also have a good chance of survival because of their rapid adaptability. A manager’s active participation in a company’s capital is linked to a higher probability of survival. This underlines the importance of the personal involvement of the manager and of solid governance.
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