Univ., Diss.--Heidelberg, 1997.

Martina Smržová, 2011/2012 Abstract International Insolvency Law Key Words: COMI, Establishment, Vis Attractiva Concursus With regard to the broad extent of international insolvency law, the author focuses mainly on the Court's jurisdiction in the context of the European insolvency law. The subject of interest is therefore the EC Regulation No. 1346/2000 on insolvency proceedings (the "insolvency regulation"). The aim of this thesis is (1) to summarise development of interpretation of the most important terms concerning the court's jurisdiction to open the main insolvency proceedings, the secondary proceedings and proceedings which relate to the insolvency proceedings; and (2) to propose amendments to the insolvency regulation especially regarding the Report which will be prepared by the Commission on application of the insolvency regulation no later than the 1 June 2012. The work is divided into five main chapters. A short introduction in the first chapter is followed by the second chapter which deals with an introduction on the international insolvency law. The theories and the most important legal instruments on this area of law are introduced. The third and key chapter deals with the European insolvency law; it consists of eight subchapters. In the first subchapter the development and principles of...

Doctor Theologiae - DTh / This doctoral thesis comprises a critical comparison of the theme of concursus, the way in which God and humanity interact, in the Pentecostal-Charismatic and Process-Relational traditions. The comparison is literature-based; similarities and differences in the theological literature of each tradition are compared in order to determine the extent of compatibilities and incompatibilities. The hypothesis is that similarities in the literature sufficiently leverage differences. The first chapter includes a statement of the problem, namely that the global expansion of the Pentecostal-Charismatic movements necessitates interaction with more academically and philosophically oriented theological traditions such as Process- Relational theology. The second chapter comprises an historical survey of the Pentecostal-Charismatic movements, including key dogmas and practices. Chapter three comprises an historical survey of Process-Relational theology, including its philosophical, metaphysical, and scientific orientations. Seminal Process- Relational theists such as Whitehead, Hartshorne, and Cobb are surveyed. Chapter four consists of a broad historical survey of the theological theme of concursus, including the notions of causation, free will, and determinism in both philosophy and theology. Further, the fourth chapter includesa broad historical survey of pneumatology, which is framed as the basis for a comparison of concursus. Chapters five and six comprise surveys of concursus in the Pentecostal- Charismatic and Process-Relational traditions respectively. Chapter seven entails an extensive analysis of differences and synthesis of similarities between the Pentecostal-Charismatic and Process-Relational notions of concursus. Four differences and four similarities are identified. Differences and similarities are ranked and compared for compatibility. Ultimately, the research question is answered affirmatively and conditionally: yes, according to the literature of both traditions, similarities sufficiently leverage differences, but socio-linguistic barriers may obstruct meaningful mutual transformation. Chapter eight concludes with a brief exploration of ecclesial and social implications.

This doctoral thesis comprises a critical comparison of the theme of concursus, the way in which God and humanity interact, in the Pentecostal-Charismatic and Process-Relational traditions. The comparison is literature-based / similarities and differences in the theological literature of each tradition are compared in order to determine the extent of compatibilities and incompatibilities. The hypothesis is that similarities in the literature sufficiently leverage differences. The first chapter includes a statement of the problem, namely that the global expansion of the Pentecostal-Charismatic movements necessitates interaction with more academically and philosophically oriented theological traditions such as Process- Relational theology. The second chapter comprises an historical survey of the Pentecostal-Charismatic movements, including key dogmas and practices. Chapter three comprises an historical survey of Process-Relational theology, including its philosophical, metaphysical, and scientific orientations. Seminal Process- Relational theists such as Whitehead, Hartshorne, and Cobb are surveyed. Chapter four consists of a broad historical survey of the theological theme of concursus, including the notions of causation, free will, and determinism in both philosophy and theology. Further, the fourth chapter includes a broad historical survey of pneumatology, which is framed as the basis for a comparison of concursus. Chapters five and six comprise surveys of concursus in the Pentecostal- Charismatic and Process-Relational traditions respectively. Chapter seven entails an extensive analysis of differences and synthesis of similarities between the Pentecostal-Charismatic and Process-Relational notions of concursus. Four differences and four similarities are identified. Differences and similarities are ranked and compared for compatibility...

This doctoral thesis comprises a critical comparison of the theme of concursus, the way in which God and humanity interact, in the Pentecostal-Charismatic and Process-Relational traditions. The comparison is literature-based / similarities and differences in the theological literature of each tradition are compared in order to determine the extent of compatibilities and incompatibilities. The hypothesis is that similarities in the literature sufficiently leverage differences. The first chapter includes a statement of the problem, namely that the global expansion of the Pentecostal-Charismatic movements necessitates interaction with more academically and philosophically oriented theological traditions such as Process- Relational theology. The second chapter comprises an historical survey of the Pentecostal-Charismatic movements, including key dogmas and practices. Chapter three comprises an historical survey of Process-Relational theology, including its philosophical, metaphysical, and scientific orientations. Seminal Process- Relational theists such as Whitehead, Hartshorne, and Cobb are surveyed. Chapter four consists of a broad historical survey of the theological theme of concursus, including the notions of causation, free will, and determinism in both philosophy and theology. Further, the fourth chapter includes a broad historical survey of pneumatology, which is framed as the basis for a comparison of concursus. Chapters five and six comprise surveys of concursus in the Pentecostal- Charismatic and Process-Relational traditions respectively. Chapter seven entails an extensive analysis of differences and synthesis of similarities between the Pentecostal-Charismatic and Process-Relational notions of concursus. Four differences and four similarities are identified. Differences and similarities are ranked and compared for compatibility...

Philosophiae Doctor - PhD / This doctoral thesis comprises a critical comparison of the theme of concursus, the way in which God and humanity interact, in the Pentecostal-Charismatic and Process-Relational traditions. The comparison is literature-based; similarities and differences in the theological literature of each tradition are compared in order to determine the extent of compatibilities and incompatibilities. The hypothesis is that similarities in the literature sufficiently leverage differences. The first chapter includes a statement of the problem, namely that the global expansion of the Pentecostal-Charismatic movements necessitates interaction with more academically and philosophically oriented theological traditions such as Process- Relational theology. The second chapter comprises an historical survey of the Pentecostal-Charismatic movements, including key dogmas and practices. Chapter three comprises an historical survey of Process-Relational theology, including its philosophical, metaphysical, and scientific orientations. Seminal Process- Relational theists such as Whitehead, Hartshorne, and Cobb are surveyed. Chapter four consists of a broad historical survey of the theological theme of concursus, including the notions of causation, free will, and determinism in both philosophy and theology. Further, the fourth chapter includes a broad historical survey of pneumatology, which is framed as the basis for a comparison of concursus. Chapters five and six comprise surveys of concursus in the Pentecostal- Charismatic and Process-Relational traditions respectively. Chapter seven entails an extensive analysis of differences and synthesis of similarities between the Pentecostal-Charismatic and Process-Relational notions of concursus. Four differences and four similarities are identified. Differences and similarities are ranked and compared for compatibility. Ultimately, the research question is answered affirmatively and conditionally: yes, according to the literature of both traditions, similarities sufficiently leverage differences, but socio-linguistic barriers may obstruct meaningful mutual transformation. Chapter eight concludes with a brief exploration of ecclesial and social implications. / South Africa

The issue addressed in this study is whether the South African insolvency law provides adequate debt relief measures to deal with the growing problem of overindebtedness amongst individuals. Against the background of a historical and comparative investigation this study focuses on a critical evaluation of debt relief measures provided for by the Insolvency Act 24 of 1936 as well as the alternative measures outside the ambit of the Insolvency Act. Although it is not a prime object of the Insolvency Act to afford the individual debtor a discharge of pre-sequestration debts it is a consequence of sequestration after rehabilitation of the debtor. Nevertheless, sequestration followed by rehabilitation is not readily available as a debt relief measure. This can mainly be attributed to the advantage for creditors requirement that can be viewed as an impediment to obtaining a fresh start for many individual debtors. This is also the debtor's position regarding debt relief provided by the procedure of composition in terms of the Insolvency Act, as it is currently only available after sequestration As far as creditors' interests are concerned, the efficiency of this requirement may also be questioned as statistics indicate that the sequestration process is implemented in instances where doing so is not cost-effective. It is furthermore submitted that the current alternative debt relief measures provided for by South African law are inadequate and that the problems encountered in practice regarding friendly sequestrations can to a great extent be attributed to this fact. In order to reserve sequestration for extreme cases, insolvency law reform aimed at preventing implementation of the sequestration process when doing so is not cost-effective is recommended. However, it is emphasised that these recommendations should only be implemented if provision is made for an adequate alternative debt relief measure that would accommodate debtors whose estates do not justify a concursus creditorum. It is submitted that the administration procedure in terms of section 74 of the Magistrates' Courts Act 32 of 1944 should be adjusted to offer the required debt relief by inter alia affording the debtor a discharge of his debts. It is furthermore submitted that this procedure should be combined with the pre-liquidation composition proposed by the South African law commission and that the combined procedure should only be open for implementation if an informal arrangement, coupled with debt counselling, cannot be reached. As regards international guidelines for insolvency law reform it is contended that South Africa should follow the example of other systems by fully embracing the fresh start approach. With regard to rehabilitation in terms of the Insolvency Act it is submitted that the automatic rehabilitation of bona fide debtors after three years should be the point of departure. Regarding assets excluded from the insolvent estate recommendations aimed at enabling the debtor to continue his household as a social and economic unit are made. In the end, South African insolvency law reform should seek to find a balance between debtors' and creditors' interests. It is submitted that the current proposals for insolvency law reform will not achieve this objective. / Dissertation (LLD)--University of Pretoria, 2004. / Procedural Law / unrestricted