Faliment fals în confirmarea tranzacționării

faliment fals în confirmarea tranzacționării

faliment fals în confirmarea tranzacționării

Etymology[ edit ] The word bankruptcy is derived from Italian banca rotta, literally meaning "broken bench" but more idiomatically "broken bank", since bankers traditionally dealt from wooden benches. A folk etymology alleges that Italian bankers' benches were smashed if they defaulted on payment, but this is often dismissed as a legend.

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In Ancient Greecebankruptcy did not exist. If a man owed and he could not pay, he and his wife, children or servants were forced into " debt slavery ", until the creditor recouped losses through their physical labour.

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Many city-states in ancient Greece limited debt slavery to a period of five years; debt slaves had protection of faliment fals în confirmarea tranzacționării and limb, which regular slaves did not enjoy.

However, servants of the debtor could be retained beyond that deadline by the creditor and were often forced to serve their new lord for a lifetime, usually under significantly harsher conditions.

faliment fals în confirmarea tranzacționării

An exception to this rule was Athenswhich by the laws of Solon forbade enslavement for debt; as a consequence, most Athenian slaves were foreigners Greek or otherwise. The Statute of Bankrupts of was the first statute under English law dealing with bankruptcy or insolvency.

According to al-Maqrizithe Yassa of Genghis Khan contained a provision that mandated the death penalty for anyone who became bankrupt three times.

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A failure of a nation to meet bond repayments has been seen on many occasions. In a similar way, Philip II of Spain had to declare four state bankruptcies in, and According to Kenneth S. Rogoff, "Although the development of international capital markets was quite limited prior towe nevertheless catalog the various defaults of FrancePortugalPrussiaSpainand the early Italian city-states.

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At the edge of Europe, Egypt, Russia, and Turkey have histories of chronic default as well. For private households, some argue that it is insufficient to merely dismiss debts after a certain period[ citation needed ].

It is important to assess the underlying problems and to minimize the risk of financial distress to re-occur.

faliment fals în confirmarea tranzacționării

It has been stressed that debt advice, a supervised rehabilitation period, financial education and social help to find sources of income and to improve the management of household expenditures must be equally provided during this period of rehabilitation Refiner et al. In most EU Member States, debt discharge is conditioned by a partial payment obligation and by a number of requirements concerning the debtor's behavior.


In the United States USdischarge is conditioned to a lesser extent. The Other Member States do not provide the option of a debt discharge.

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Spain, for example, passed a bankruptcy law ley concurs in which provides for debt settlement plans that can result in a reduction of the debt maximally half of the amount or an extension of the payment period of maximally five years Gerhardt,but it does not foresee debt discharge.

Student loan borrowers may benefit from restructuring their payments through a Chapter 13 bankruptcy repayment plan, but few qualify for discharge of part or all of their student loan debt.

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While difficult to generalize across jurisdictions, common criminal acts under bankruptcy statutes typically involve concealment of assets, concealment or destruction of documents, conflicts of interest, fraudulent claims, false statements or declarations, and fee fixing or redistribution arrangements.

Falsifications on bankruptcy forms often constitute perjury.

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Multiple filings are not in and of themselves criminal, but they may violate provisions of bankruptcy law. In the U. However, it may still work against the filer.

All assets must be disclosed in bankruptcy schedules whether or not the debtor believes the asset has a net value. This is because once a bankruptcy petition is filed, it is for the opțiuni binare benatex recenzii reale, not the debtor, to decide whether a particular asset has value.

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The future ramifications of omitting assets from schedules can be quite serious for the offending debtor. In the United States, a closed bankruptcy may be reopened by motion of a creditor or the U. The trustee may then seize the asset and liquidate it for the benefit of the formerly discharged creditors. Whether or not a concealment faliment fals în confirmarea tranzacționării such an asset should also be considered for prosecution as fraud or perjury would then be at the discretion of the judge or U.

By country[ edit ] In some countries, such as the United Kingdombankruptcy is limited to individuals; other forms of insolvency proceedings such as liquidation and administration are applied to companies.

faliment fals în confirmarea tranzacționării

In the United Statesbankruptcy is applied more broadly to formal insolvency proceedings. In some countries, such as in Finland bankruptcy is limited only to companies and individuals who are insolvent are condemned to de facto indentured servitude or minimum social benefits until their debts are paid in full, with accrued interest except when the court decides to show rare clemency by accepting a debtors application for debt restructuringin which case an individual may have the amount of remaining debt reduced or be released from the debt.

See also: Australian insolvency law In Australia, bankruptcy is a status which applies to individuals and is governed by the federal Bankruptcy Act